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					                                                                                                  Solicitation Number:                10-FD-31
                                State of South Carolina                                                    Date Issued:               05/06/10
                                                                                                  Procurement Officer:                Lorena McLeod
                                             Invitation for Bid                                                 Phone:                843-661-8341
                                                                                                      E-Mail Address:                 Lorena.McLeod@fdtc.edu


   DESCRIPTION: Janitorial Services Contract for Florence-Darlington Technical College Sites
   USING GOVERNMENTAL UNIT: Florence-Darlington Technical College

The Term "Offer" Means Your "Bid" or "Proposal". Unless submitted on-line, your offer must be submitted in a sealed
package. Solicitation Number & Opening Date must appear on package exterior. See "Submitting Your Offer" provision.

   SUBMIT YOUR SEALED OFFER TO EITHER OF THE FOLLOWING ADDRESSES:
   MAILING ADDRESS:                                                                        PHYSICAL ADDRESS:
      Florence-Darlington Technical College                                                   Purchasing Office
      PO Box 100548                                                                           5000 Building – Room 5212-A
      Florence, SC 29502-0548                                                                 2715 W. Lucas Street
      ATTN: Lorena McLeod                                                                     Florence, SC 29501
  SUBMIT OFFER BY (Opening Date/Time): 05/31/2010 11:00:00                                                    (See "Deadline For Submission Of Offer" provision)

  QUESTIONS MUST BE RECEIVED BY: 05/24/2010 17:00:00                                                        (See "Questions From Offerors" provision)

  NUMBER OF COPIES TO BE SUBMITTED: One (1) original in Hardcopy and Two (2) Copies (Marked Copy)
or One (1) original in Hardcopy and One Electronic CD Copy in Word
 CONFERENCE TYPE: Pre-Bid Site Visit                                                                      LOCATION: See page 4 for site visit
     DATE & TIME: 05/11/2010 10:00:00 am Cosm & Harts                                                    information
     DATE & TIME: 05/12/2010 10:00:00 am Lake City                                                       Two site visits one for Cosmetology & Hartsville
 (As appropriate, see "Conferences - Pre-Bid/Proposal" & "Site Visit" provisions)                        Site and one for Lake City Site

   AWARD &  Award will be posted on 06/07/2010. The award, this solicitation, any amendments, and any related
 AMENDMENTS notices will be posted at the above physical address.

Unless submitted on-line, you must submit a signed copy of this form with Your Offer. By submitting a bid or proposal,
You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of thirty (30)
calendar days after the Opening Date.                       (See "Signing Your Offer" and "Electronic Signature" provisions.)

 NAME OF OFFEROR                                                                         Any award issued will be issued to, and the contract will be formed with,
                                                                                         the entity identified as the Offeror. The entity named as the offeror must be
                                                                                         a single and distinct legal entity. Do not use the name of a branch office or
                                                                                         a division of a larger entity if the branch or division is not a separate legal
 (full legal name of business submitting the offer)                                      entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

 AUTHORIZED SIGNATURE                                                                    TAXPAYER IDENTIFICATION NO.

 (Person must be authorized to submit binding offer to contract on behalf of Offeror.)   (See "Taxpayer Identification Number" provision)

 TITLE                                                                                   STATE VENDOR NO.

 (business title of person signing above)                                                (Register to Obtain S.C. Vendor No. at www.procurement.sc.gov)

 PRINTED NAME                                                 DATE SIGNED                STATE OF INCORPORATION

 (printed name of person signing above)                                                  (If you are a corporation, identify the state of incorporation.)


 OFFEROR'S TYPE OF ENTITY: (Check one)                                                                                              (See "Signing Your Offer" provision.)

  ___ Sole Proprietorship                                    ___ Partnership                                ___ Other_____________________________

  ___ Corporate entity (not tax-exempt)                     ___ Corporation (tax-exempt)                    ___ Government entity (federal, state, or local)
COVER PAGE (NOV. 2007)
SAP
SAP




                                                                       PAGE TWO
                                                             (Return Page Two with Your Offer)
      HOME OFFICE ADDRESS (Address for offeror's home office /                     NOTICE ADDRESS (Address to which all procurement and contract
      principal place of business)                                                 related notices should be sent.) (See "Notice" clause)




                                                                                   _________________________________________________
                                                                                    Area Code - Number - Extension        Facsimile

                                                                                   _________________________________________________
                                                                                    E-mail Address

      PAYMENT ADDRESS (Address to which payments will be sent.)                    ORDER ADDRESS (Address to which purchase orders will be sent)
      (See "Payment" clause)                                                       (See "Purchase Orders and "Contract Documents" clauses)




      ____Payment Address same as Home Office Address                              ____Order Address same as Home Office Address
      ____Payment Address same as Notice Address (check only one)                  ____Order Address same as Notice Address (check only one)

      ACKNOWLEDGMENT OF AMENDMENTS
      Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision)
      Amendment No.      Amendment Issue   Amendment No.     Amendment Issue       Amendment No.      Amendment Issue      Amendment No.    Amendment Issue
                             Date                                Date                                     Date                                  Date




        DISCOUNT FOR                  10 Calendar Days (%)          20 Calendar Days (%)              30 Calendar Days (%)          _____Calendar Days (%)
      PROMPT PAYMENT
       (See "Discount for Prompt
           Payment" clause)

      PREFERENCES - A NOTICE TO VENDORS (SEP. 2009): On June 16, 2009, the South Carolina General Assembly
      rewrote the law governing preferences available to in-state vendors, vendors using in-state subcontractors, and vendors
      selling in-state or US end products. This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A
      summary of the new preferences is available at www.procurement.sc.gov/preferences. ALL THE PREFERENCES
      MUST BE CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY
      ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE BEFORE
      CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE CHANGED. IF YOU
      REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR OFFER QUALIFIES FOR THE
      PREFERENCE YOU'VE CLAIMED. IMPROPERLY REQUESTING A PREFERENCE CAN HAVE SERIOUS
      CONSEQUENCES. [11-35-1524(E)(4)&(6)]

      PREFERENCES - ADDRESS AND PHONE OF IN-STATE OFFICE: Please provide the address and phone number for
      your in-state office in the space provided below. An in-state office is necessary to claim either the Resident Vendor
      Preference (11-35-1524(C)(1)(i)&(ii)) or the Resident Contractor Preference (11-35-1524(C)(1)(iii)). Accordingly, you
      must provide this information to qualify for the preference. An in-state office is not required, but can be beneficial, if you
      are claiming the Resident Subcontractor Preference (11-35-1524(D)).




      ____In-State Office Address same as Home Office Address
      ____In-State Office Address same as Notice Address (check only one)
      PAGE TWO (SEP 2009)                                         End of PAGE TWO


                                                                               2
Table of Contents
SAP
SECTION_I ............................................................................. 5
ACQUIRE SERVICES (JAN 2006) ........................................ 5
MAXIMUM CONTRACT PERIOD - ESTIMATED (Jan 2006)                                                    5
SECTION_IIA ......................................................................... 5
DEFINITIONS (JAN 2006) .................................................... 5
AMENDMENTS TO SOLICITATION (JAN 2004) .............. 6
AWARD NOTIFICATION (NOV 2007) ................................ 6
BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004) . 6
BID ACCEPTANCE PERIOD (JAN 2004) ............................ 6
BID IN ENGLISH and DOLLARS (JAN 2004) ..................... 6
BOARD AS PROCUREMENT AGENT (JAN 2004) ............ 6
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)                                               6
CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS (JAN
2004) ........................................................................................ 7
CODE OF LAWS AVAILABLE (JAN 2006) ........................ 8
COMPLETION OF FORMS/CORRECTION OF ERRORS (JAN 2006)                                                  8
DEADLINE FOR SUBMISSION OF OFFER (JAN 2004) .... 8
DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)                                                     8
DUTY TO INQUIRE (JAN 2006) .......................................... 8
ETHICS CERTIFICATE (MAY 2008) ................................... 9
OMIT TAXES FROM PRICE (JAN 2004) ............................. 9
PROTESTS (JUNE 2006) ....................................................... 9
PUBLIC OPENING (JAN 2004) ............................................ 9
QUESTIONS FROM OFFERORS (JAN 2004) ...................... 9
REJECTION/CANCELLATION (JAN 2004) ........................ 9
RESPONSIVENESS/IMPROPER OFFERS (JAN 2004) ....... 10
RESTRICTIONS APPLICABLE TO OFFERORS (JAN 2004)                                                    10
SIGNING YOUR OFFER (JAN 2004) ................................... 10
STATE OFFICE CLOSINGS (JAN 2004) .............................. 11
SUBMITTING CONFIDENTIAL INFORMATION (AUG 2002)                                                    11
SUBMITTING YOUR OFFER OR MODIFICATION (JAN 2004)                                                  11
TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN
2008) ........................................................................................ 12
TAXPAYER IDENTIFICATION NUMBER (JAN 2004) ..... 12
VENDOR REGISTRATION MANDATORY (JAN 2006) .... 12
WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)                                                      12
SECTION_IIB ......................................................................... 13
CONFERENCE - PRE-BID/PROPOSAL (JAN 2006) ........... 13
CLARIFICATION (NOV 2007) ............................................. 13
MAIL PICKUP (JAN 2006) .................................................... 13
OFFERING BY LOT (JAN 2006) .......................................... 13
PREFERENCES - A NOTICE TO VENDORS (SEP 2009) ... 13
PREFERENCES - RESIDENT CONTRACTOR PREFERENCE (SEP 2009)                                              14
PREFERENCES - RESIDENT SUBCONTRACTOR PREFERENCE (SEP 2009)                                              14
PROTEST - CPO - MMO ADDRESS (JUNE 2006) .............. 14
UNIT PRICES REQUIRED (JAN 2006) ................................ 14
SECTION_III .......................................................................... 15
SEE BIDDING SCHEDULE .................................................. 37
DELIVERY/PERFORMANCE LOCATION -- SPECIFIED (JAN 2006)
SECTION_IV .......................................................................... 22
INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (JAN 2006)                                             22
MINORITY PARTICIPATION (JAN 2006) .......................... 22
SECTION_V ........................................................................... 23
QUALIFICATION OF OFFEROR (JAN 2006) ..................... 23
SUBCONTRACTOR -- IDENTIFICATION (JAN 2006) ...... 24
SECTION_VI .......................................................................... .25
AWARD BY LOT (JAN 2006) ............................................... 25
AWARD CRITERIA -- BIDS (JAN 2006) ............................. 25

                                                      3
CALCULATING THE LOW BID .......................................... 25
COMPETITION FROM PUBLIC ENTITIES (JAN 2006) .... 25
SECTION_VIIA ...................................................................... 25
ASSIGNMENT (JAN 2006) ................................................... 25
BANKRUPTCY (JAN 2006) .................................................. 25
CHOICE-OF-LAW (JAN 2006) ............................................. 25
CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (JAN 2006)                                       26
DISCOUNT FOR PROMPT PAYMENT (JAN 2006) ........... 26
DISPUTES (JAN 2006) .......................................................... 26
EQUAL OPPORTUNITY (JAN 2006) ................................... 27
FALSE CLAIMS (JAN 2006) ................................................. 27
FIXED PRICING REQUIRED (JAN 2006) ........................... 27
NON-INDEMNIFICATION (JAN 2006) ............................... 27
NOTICE (JAN 2006) .............................................................. 27
PAYMENT (JAN 2006) .......................................................... 27
PUBLICITY (JAN 2006) ........................................................ 27
PURCHASE ORDERS (JAN 2006) ........................................ 27
SETOFF (JAN 2006) ............................................................... 28
SURVIVAL OF OBLIGATIONS (JAN 2006) ....................... 28
TAXES (JAN 2006) ................................................................ 28
TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)                                       28
THIRD PARTY BENEFICIARY (JAN 2006) ........................ 28
WAIVER (JAN 2006) ............................................................. 28
SECTION_VIIB ...................................................................... 29
CHANGES (JAN 2006) .......................................................... 29
COMPLIANCE WITH LAWS (JAN 2006) ............................ 29
CONFERENCE -- PRE-PERFORMANCE (JAN 2006) ........ 29
CONTRACTOR'S LIABILITY INSURANCE (JAN 2006) ... 29
CONTRACTOR PERSONNEL (JAN 2006) .......................... 30
CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006) 31
DEFAULT (JAN 2006) ........................................................... 31
ILLEGAL IMMIGRATION (NOV. 2008) ............................. 32
INDEMNIFICATION -- THIRD PARTY CLAIMS (JAN 2006)                                         32
LICENSES AND PERMITS (JAN 2006) ............................... 32
PRICE ADJUSTMENTS (JAN 2006) ..................................... 32
PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY (JAN 2006)                               33
PRICE ADJUSTMENTS -- LIMITED BY CPI "OTHER GOODS and SERVICES" (JAN 2006) 33
PRICING DATA -- AUDIT -- INSPECTION (JAN 2006) .... 33
RELATIONSHIP OF THE PARTIES (JAN 2006) ................. 34
SUBCONTRACTOR SUBSTITUTION PROHIBITED - RESIDENT SUBCONTRACTOR
PREFERENCE (SEP 2009) .................................................... 34
TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006)                           34
TERM OF CONTRACT -- OPTION TO RENEW (JAN 2006)                                           34
TERMINATION FOR CONVENIENCE (JAN 2006) ........... 34
SECTION_VIII ....................................................................... 36
BIDDING SCHEDULE (NOV 2007) ..................................... 36
SECTION_IX .......................................................................... 42
NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING
42
OFFEROR'S CHECKLIST (JUN 2007) ................................. 43




                                                    4
SAP




I. SCOPE OF SOLICITATION

ACQUIRE SERVICES

 It is the intent of the State of South Carolina, Materials Management Office to solicit bids for
Janitorial/ Custodial Services for Florence-Darlington Technical College Sites, in accordance
with all requirements stated herein. The specifications in this solicitation cover provisions for
complete and efficient janitorial/custodial services, including all reasonable and necessary labor,
supervision, equipment and supplies in order to keep the contracted areas clean and properly
maintained.


MAXIMUM CONTRACT PERIOD - ESTIMATED (Jan 2006)

Start date: 07/01/2010 End date: 06/30/2015. Dates provided are estimates only. Any resulting contract
will begin on the date specified in the notice of award. See clause entitled "Term of Contract - Effective
Date/Initial Contract Period". [01-1040-1]


II. INSTRUCTIONS TO OFFERORS - A. GENERAL INSTRUCTIONS

DEFINITIONS (JAN 2006)

EXCEPT AS OTHERWISE PROVIDED HEREIN, THE FOLLOWING DEFINITIONS ARE
APPLICABLE TO ALL PARTS OF THE SOLICITATION.

AMENDMENT means a document issued to supplement the original solicitation document.
BOARD means the South Carolina Budget & Control Board.
BUYER means the Procurement Officer.
CHANGE ORDER means any written alteration in specifications, delivery point, rate of delivery, period of
performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the
parties to the contract.
CONTRACT See clause entitled Contract Documents & Order of Precedence.
CONTRACT MODIFICATION means a written order signed by the Procurement Officer, directing the
contractor to make changes which the changes clause of the contract authorizes the Procurement Officer to
order without the consent of the contractor.
CONTRACTOR means the Offeror receiving an award as a result of this solicitation.
COVER PAGE means the top page of the original solicitation on which the solicitation is identified by
number. Offerors are cautioned that Amendments may modify information provided on the Cover Page.
OFFER means the bid or proposal submitted in response this solicitation. The terms Bid and Proposal are
used interchangeably with the term Offer.
OFFEROR means the single legal entity submitting the offer. The term Bidder is used interchangeably with
the term Offeror. See bidding provisions entitled Signing Your Offer and Bid/Proposal As Offer To
Contract.
ORDERING ENTITY Using Governmental Unit that has submitted a Purchase Order.
PAGE TWO means the second page of the original solicitation, which is labeled Page Two.
PROCUREMENT OFFICER means the person, or his successor, identified as such on the Cover Page.
YOU and YOUR means Offeror.
SOLICITATION means this document, including all its parts, attachments, and any Amendments.
STATE means the Using Governmental Unit(s) identified on the Cover Page.
SUBCONTRACTOR means any person having a contract to perform work or render service to Contractor
as a part of the Contractor's agreement arising from this solicitation.
USING GOVERNMENTAL UNIT means the unit(s) of government identified as such on the Cover Page.
If the Cover Page names a Statewide Term Contract as the Using Governmental Unit, the Solicitation seeks
to establish a Term Contract [11-35-310(35)] open for use by all South Carolina Public Procurement Units
[11-35-4610(5)].
WORK means all labor, materials, equipment and services provided or to be provided by the Contractor to
                                                       5
fulfill the Contractor's obligations under the Contract.
[02-2A003-1]

AMENDMENTS TO SOLICITATION (JAN 2004)

(a) The Solicitation may be amended at any time prior to opening. All actual and prospective Offerors
should monitor the following web site for the issuance of Amendments: www.procurement.sc.gov (b)
Offerors shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the
amendment, (2) by identifying the amendment number and date in the space provided for this purpose on
Page Two, (3) by letter, or (4) by submitting a bid that indicates in some way that the bidder received the
amendment. (c) If this solicitation is amended, then all terms and conditions which are not modified
remain unchanged. [02-2A005-1]

AWARD NOTIFICATION (NOV 2007)

Notice regarding any award or cancellation of award will be posted at the location specified on the Cover
Page. If the contract resulting from this Solicitation has a total or potential value of fifty thousand dollars
or more, such notice will be sent to all Offerors responding to the Solicitation. Should the contract
resulting from this Solicitation have a total or potential value of one hundred thousand dollars or more,
such notice will be sent to all Offerors responding to the Solicitation and any award will not be effective
until the eleventh day after such notice is given. [02-2A010-1]



BID/PROPOSAL AS OFFER TO CONTRACT (JAN 2004)

By submitting Your Bid or Proposal, You are offering to enter into a contract with the Using Governmental
Unit(s). Without further action by either party, a binding contract shall result upon final award. Any award
issued will be issued to, and the contract will be formed with, the entity identified as the Offeror on the
Cover Page. An Offer may be submitted by only one legal entity; "joint bids" are not allowed. [02-2A015-
1]

BID ACCEPTANCE PERIOD (JAN 2004)

In order to withdraw Your Offer after the minimum period specified on the Cover Page, You must notify
the Procurement Officer in writing. [02-2A020-1]

BID IN ENGLISH and DOLLARS (JAN 2004)

Offers submitted in response to this solicitation shall be in the English language and in US dollars, unless
otherwise permitted by the Solicitation. [02-2A025-1]

BOARD AS PROCUREMENT AGENT (JAN 2004)

(a) Authorized Agent. All authority regarding the conduct of this procurement is vested solely with the
responsible Procurement Officer. Unless specifically delegated in writing, the Procurement Officer is the
only government official authorized to bind the government with regard to this procurement. (b)
Purchasing Liability. The Procurement Officer is an employee of the Board acting on behalf of the Using
Governmental Unit(s) pursuant to the Consolidated Procurement Code. Any contracts awarded as a result
of this procurement are between the Contractor and the Using Governmental Units(s). The Board is not a
party to such contracts, unless and to the extent that the board is a using governmental unit, and bears no
liability for any party's losses arising out of or relating in any way to the contract. [02-2A030-1]

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (MAY 2008)

GIVING FALSE, MISLEADING, OR INCOMPLETE INFORMATION ON THIS
CERTIFICATION MAY RENDER YOU SUBJECT TO PROSECUTION UNDER SECTION 16-9-

                                                        6
10 OF THE SOUTH CAROLINA CODE OF LAWS AND OTHER APPLICABLE LAWS.

(a) By submitting an offer, the offeror certifies that-


(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting
competition, any consultation, communication, or agreement with any other offeror or competitor relating
to-
(i) Those prices;
(ii) The intention to submit an offer; or
(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or
indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or
contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not
to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid
or proposal, and that the signatory has not participated and will not participate in any action contrary to
paragraphs (a)(1) through (a)(3) of this certification; or

(2)(i) Has been authorized, in writing, to act as agent for the offeror's principals in certifying that those
principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through
(a)(3) of this certification [As used in this subdivision (b)(2)(i), the term "principals" means the person(s) in
the offeror's organization responsible for determining the prices offered in this bid or proposal];

(ii) As an authorized agent, does certify that the principals referenced in subdivision (b)(2)(i) of this
certification have not participated, and will not participate, in any action contrary to paragraphs (a)(1)
through (a)(3) of this certification; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to
paragraphs (a)(1) through (a)(3) of this certification.

(c) If the offeror deletes or modifies paragraph (a) (2) of this certification, the offeror must furnish with its
offer a signed statement setting forth in detail the circumstances of the disclosure. [02-2A032-1]

CERTIFICATION REGARDING DEBARMENT AND OTHER RESPONSIBILITY MATTERS
(JAN 2004)

(a) (1) By submitting an Offer, Offeror certifies, to the best of its knowledge and belief, that-

(i) Offeror and/or any of its Principals-

(A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of
contracts by any state or federal agency;
(B) Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment
rendered against them for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of
Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or
receiving stolen property; and
(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with,
commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.

(ii) Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated
for default by any public (Federal, state, or local) entity.
                                                          7
(2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and,
persons having primary management or supervisory responsibilities within a business entity (e.g., general
manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).

(b) Offeror shall provide immediate written notice to the Procurement Officer if, at any time prior to
contract award, Offeror learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.

(c) If Offeror is unable to certify the representations stated in paragraphs (a) (1), Offer must submit a
written explanation regarding its inability to make the certification. The certification will be considered in
connection with a review of the Offeror's responsibility. Failure of the Offeror to furnish additional
information as requested by the Procurement Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge
and information of an Offeror is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which
reliance was placed when making award. If it is later determined that the Offeror knowingly or in bad faith
rendered an erroneous certification, in addition to other remedies available to the State, the Procurement
Officer may terminate the contract resulting from this solicitation for default.
[02-2A035-1]

CODE OF LAWS AVAILABLE (JAN 2006)

The South Carolina Code of Laws, including the Consolidated Procurement Code, is available at:
http://www.scstatehouse.net/code/statmast.htm. The South Carolina Regulations are available at:
http://www.scstatehouse.net/coderegs/statmast.htm [02-2A040-1]

COMPLETION OF FORMS/CORRECTION OF ERRORS (JAN 2006)

All prices and notations should be printed in ink or typewritten. Errors should be crossed out, corrections
entered and initialed by the person signing the bid. Do not modify the solicitation document itself
(including bid schedule). (Applicable only to offers submitted on paper.) [02-2A045-1]

DEADLINE FOR SUBMISSION OF OFFER (JAN 2004)

Any offer received after the Procurement Officer of the governmental body or his designee has declared
that the time set for opening has arrived, shall be rejected unless the offer has been delivered to the
designated purchasing office or the governmental bodies mail room which services that purchasing office
prior to the bid opening. [R.19-445.2070(H)] [02-2A050-1]

DRUG FREE WORK PLACE CERTIFICATION (JAN 2004)

By submitting an Offer, Contractor certifies that, if awarded a contract, Contractor will comply with all
applicable provisions of The Drug-free Workplace Act, Title 44, Chapter 107 of the South Carolina Code
of Laws, as amended. [02-2A065-1]

DUTY TO INQUIRE (JAN 2006)

Offeror, by submitting an Offer, represents that it has read and understands the Solicitation and that its
Offer is made in compliance with the Solicitation. Offerors are expected to examine the Solicitation
thoroughly and should request an explanation of any ambiguities, discrepancies, errors, omissions, or
conflicting statements in the Solicitation. Failure to do so will be at the Offeror's risk. Offeror assumes
responsibility for any patent ambiguity in the Solicitation that Offeror does not bring to the State's attention.
 [02-2A070-1]
                                                       8
ETHICS CERTIFICATE (MAY 2008)

By submitting an offer, the offeror certifies that the offeror has and will comply with, and has not, and will
not, induce a person to violate Title 8, Chapter 13 of the South Carolina Code of Laws, as amended (ethics
act). The following statutes require special attention: Section 8-13-700, regarding use of official position
for financial gain; Section 8-13-705, regarding gifts to influence action of public official; Section 8-13-720,
regarding offering money for advice or assistance of public official; Sections 8-13-755 and 8-13-760,
regarding restrictions on employment by former public official; Section 8-13-775, prohibiting public
official with economic interests from acting on contracts; Section 8-13-790, regarding recovery of
kickbacks; Section 8-13-1150, regarding statements to be filed by consultants; and Section 8-13-1342,
regarding restrictions on contributions by contractor to candidate who participated in awarding of contract.
 The state may rescind any contract and recover all amounts expended as a result of any action taken in
violation of this provision. If contractor participates, directly or indirectly, in the evaluation or award of
public contracts, including without limitation, change orders or task orders regarding a public contract,
contractor shall, if required by law to file such a statement, provide the statement required by Section 8-13-
1150 to the procurement officer at the same time the law requires the statement to be filed. [02-2A075-2]

OMIT TAXES FROM PRICE (JAN 2004)

Do not include any sales or use taxes in your price that the State may be required to pay. [02-2A080-1]

PROTESTS (JUNE 2006)

Any prospective bidder, offer or, contractor, or subcontractor who is aggrieved in connection with the
solicitation of a contract shall protest within fifteen days of the date of issuance of the applicable
solicitation document at issue. Any actual bidder, offer or, contractor, or subcontractor who is aggrieved in
connection with the intended award or award of a contract shall protest within ten days of the date
notification of award is posted in accordance with this code. A protest shall be in writing, shall set forth the
grounds of the protest and the relief requested with enough particularity to give notice of the issues to be
decided, and must be received by the appropriate Chief Procurement Officer within the time provided. See
clause entitled "Protest-CPO". [Section 11-35-4210] [02-2A085-1]

PUBLIC OPENING (JAN 2004)

Offers will be publicly opened at the date/time and at the location identified on the Cover Page, or last
Amendment, whichever is applicable. [02-2A090-1]

QUESTIONS FROM OFFERORS (JAN 2004)

(a) Any prospective offer or desiring an explanation or interpretation of the solicitation, drawings,
specifications, etc., must request it in writing. Questions must be received by the Procurement Officer no
later than five (5) days prior to opening unless otherwise stated on the Cover Page. Label any
communication regarding your questions with the name of the procurement officer, and the solicitation's
title and number. Oral explanations or instructions will not be binding. Any information given a
prospective offer or concerning a solicitation will be furnished promptly to all other prospective offerors as
an Amendment to the solicitation, if that information is necessary for submitting offers or if the lack of it
would be prejudicial to other prospective offerors. (b) The State seeks to permit maximum practicable
competition. Offerors are urged to advise the Procurement Officer -- as soon as possible -- regarding any
aspect of this procurement, including any aspect of the Solicitation that unnecessarily or inappropriately
limits full and open competition. [02-2A095-1]

REJECTION/CANCELLATION (JAN 2004)

The State may cancel this solicitation in whole or in part. The State may reject any or all proposals in whole
or in part. [SC Code Section 11-35-1710 & R.19-445.2065] [02-2A100-1]


                                                       9
RESPONSIVENESS/IMPROPER OFFERS (JAN 2004)

(a) Bid as Specified. Offers for supplies or services other than those specified will not be considered unless
authorized by the Solicitation.

(b) Multiple Offers. Offerors may submit more than one Offer, provided that each Offer has significant
differences other than price. Each separate Offer must satisfy all Solicitation requirements. If this
solicitation is an Invitation for Bids, each separate offer must be submitted as a separate document. If this
solicitation is a Request for Proposals, multiple offers may be submitted as one document, provided that
you clearly differentiate between each offer and you submit a separate cost proposal for each offer, if
applicable.

(c) Responsiveness. Any Offer which fails to conform to the material requirements of the Solicitation may
be rejected as nonresponsive. Offers which impose conditions that modify material requirements of the
Solicitation may be rejected. If a fixed price is required, an Offer will be rejected if the total possible cost
to the State cannot be determined. Offerors will not be given an opportunity to correct any material
nonconformity. Any deficiency resulting from a minor informality may be cured or waived at the sole
discretion of the Procurement Officer. [R.19-445.2070 and Section 11-35-1520(13)]

(d) Price Reasonableness: Any offer may be rejected if the Procurement Officer determines in writing that
it is unreasonable as to price. [R. 19-445.2070].

(e) Unbalanced Bidding. The State may reject an Offer as nonresponsive if the prices bid are materially
unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices
significantly less than cost for some work and prices which are significantly overstated in relation to cost
for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the
State even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing
an advance payment.
[02-2A105-1]

RESTRICTIONS APPLICABLE TO OFFERORS (JAN 2004)

Violation of these restrictions may result in disqualification of your offer, suspension or debarment, and
may constitute a violation of the state Ethics Act. (a) After issuance of the solicitation, you agree not to
discuss this procurement activity in any way with the Using Governmental Unit or its employees, agents
or officials all communications must be solely with the Procurement Officer. This restriction may be lifted
by express written permission from the Procurement Officer. This restriction expires once a contract has
been formed. (b) Unless otherwise approved in writing by the Procurement Officer, you agree not to give
anything to any Using Governmental Unit or its employees, agents or officials prior to award. [02-
2A110-1]

SIGNING YOUR OFFER (JAN 2004)

Every Offer must be signed by an individual with actual authority to bind the Offeror. (a) If the Offeror is
an individual, the Offer must be signed by that individual. If the Offeror is an individual doing business as
a firm, the Offer must be submitted in the firm name, signed by the individual, and state that the individual
is doing business as a firm. (b) If the Offeror is a partnership, the Offer must be submitted in the
partnership name, followed by the words by its Partner, and signed by a general partner. (c) If the Offeror
is a corporation, the Offer must be submitted in the corporate name, followed by the signature and title of
the person authorized to sign. (d) An Offer may be submitted by a joint venturer involving any
combination of individuals, partnerships, or corporations. If the Offeror is a joint venture, the Offer must
be submitted in the name of the Joint Venture and signed by every participant in the joint venture in the
manner prescribed in paragraphs (a) through (c) above for each type of participant. (e) If an Offer is signed
by an agent, other than as stated in subparagraphs (a) through (d) above, the Offer must state that is has
been signed by an Agent. Upon request, Offeror must provide proof of the agent's authorization to bind the
principal. [02-2A115-1]


                                                       10
STATE OFFICE CLOSINGS (JAN 2004)

If an emergency or unanticipated event interrupts normal government processes so that offers cannot be
received at the government office designated for receipt of bids by the exact time specified in the
solicitation, the time specified for receipt of offers will be deemed to be extended to the same time of day
specified in the solicitation on the first work day on which normal government processes resume. In lieu of
an automatic extension, an Amendment may be issued to reschedule bid opening. If state offices are closed
at the time a pre-bid or pre-proposal conference is scheduled, an Amendment will be issued to reschedule
the conference. Useful information may be available at:
 http://www.scemd.org/scgovweb/weather_alert.html [02-2A120-1]

SUBMITTING CONFIDENTIAL INFORMATION (AUG 2002)

(An overview is available at www.procurement.sc.gov) For every document Offeror submits in response to
or with regard to this solicitation or request, Offeror must separately mark with the word
"CONFIDENTIAL" every page, or portion thereof, that Offeror contends contains information that is
exempt from public disclosure because it is either (a) a trade secret as defined in Section 30-4-40(a) (1), or
(b) privileged and confidential, as that phrase is used in Section 11-35-410. For every document Offeror
submits in response to or with regard to this solicitation or request, Offeror must separately mark with the
words "TRADE SECRET" every page, or portion thereof, that Offeror contends contains a trade secret as
that term is defined by Section 39-8-20 of the Trade Secrets Act. For every document Offeror submits in
response to or with regard to this solicitation or request, Offeror must separately mark with the word
"PROTECTED" every page, or portion thereof, that Offeror contends is protected by Section 11-35-1810.
 All markings must be conspicuous; use color, bold, underlining, or some other method in order to
conspicuously distinguish the mark from the other text. Do not mark your entire response (bid, proposal,
quote, etc.) as confidential, trade secret, or protected. If your response or any part thereof, is improperly
marked as confidential or trade secret or protected, the State may, in its sole discretion, determine it
nonresponsive. If only portions of a page are subject to some protection, do not mark the entire page. By
submitting a response to this solicitation or request, Offeror (1) agrees to the public disclosure of every
page of every document regarding this solicitation or request that was submitted at any time prior to
entering into a contract (including, but not limited to, documents contained in a response, documents
submitted to clarify a response, and documents submitted during negotiations), unless the page is
conspicuously marked "TRADE SECRET" or "CONFIDENTIAL" or "PROTECTED", (2) agrees that any
information not marked, as required by these bidding instructions, as a "Trade Secret" is not a trade secret
as defined by the Trade Secrets Act, and (3) agrees that, notwithstanding any claims or markings otherwise,
any prices, commissions, discounts, or other financial figures used to determine the award, as well as the
final contract amount, are subject to public disclosure. In determining whether to release documents, the
State will detrimentally rely on Offeror's marking of documents, as required by these bidding instructions,
as being either "Confidential" or "Trade Secret" or "PROTECTED". By submitting a response, Offeror
agrees to defend, indemnify and hold harmless the State of South Carolina, its officers and employees, from
every claim, demand, loss, expense, cost, damage or injury, including attorney's fees, arising out of or
resulting from the State withholding information that Offeror marked as "confidential" or "trade secret" or
"PROTECTED". (All references to S.C. Code of Laws.) [02-2A125-1]

SUBMITTING YOUR OFFER OR MODIFICATION (JAN 2004)

(a) Offers and offer modifications shall be submitted in sealed envelopes or packages (unless submitted by
electronic means) - (1) Addressed to the office specified in the Solicitation; and (2) Showing the time and
date specified for opening, the solicitation number, and the name and address of the bidder. (b) If you are
responding to more than one solicitation, each offer must be submitted in a different envelope or package.
 (c) Each Offeror must submit the number of copies indicated on the Cover Page. (d) Offerors using
commercial carrier services shall ensure that the Offer is addressed and marked on the outermost envelope
or wrapper as prescribed in paragraphs (a)(1) and (2) of this provision when delivered to the office
specified in the Solicitation. (e) Facsimile or e-mail offers, modifications, or withdrawals, will not be
considered unless authorized by the Solicitation. (f) Offers submitted by electronic commerce shall be
considered only if the electronic commerce method was specifically stipulated or permitted by the
solicitation. [02-2A130-1]
                                                       11
TAX CREDIT FOR SUBCONTRACTING WITH DISADVANTAGED SMALL BUSINESSES (JAN
2008)

Pursuant to Section 12-6-3350, a taxpayer having a contract with this State who subcontracts with a
socially and economically disadvantaged small business is eligible for an income tax credit equal to four
percent of the payments to that subcontractor for work pursuant to the contract. The subcontractor must be
certified as a socially and economically disadvantaged small business as defined in Section 11-35-5010 and
regulations pursuant to it. The credit is limited to a maximum of fifty thousand dollars annually. A
taxpayer is eligible to claim the credit for ten consecutive taxable years beginning with the taxable year in
which the first payment is made to the subcontractor that qualifies for the credit. After the above ten
consecutive taxable years, the taxpayer is no longer eligible for the credit. A taxpayer claiming the credit
shall maintain evidence of work performed for the contract by the subcontractor. The credit may be
claimed on Form TC-2, "Minority Business Credit." A copy of the subcontractor's certificate from the
Governor's Office of Small and Minority Business (OSMBA) is to be attached to the contractor's income
tax return. Questions regarding the tax credit and how to file are to be referred to: SC Department of
Revenue, Research and Review, Phone: (803) 898-5786, Fax: (803) 898-5888. Questions regarding
subcontractor certification are to be referred to: Governor's Office of Small and Minority Business
Assistance, Phone: (803) 734-0657, Fax: (803) 734-2498. [02-2A135-1]

TAXPAYER IDENTIFICATION NUMBER (JAN 2004)

(a) If Offeror is owned or controlled by a common parent as defined in paragraph (b) of this provision,
Offeror shall submit with its Offer the name and TIN of common parent.
(b) Definitions: "Common parent," as used in this provision, means that corporate entity that owns or
controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis,
and of which the offeror is a member. "Taxpayer Identification Number (TIN)," as used in this provision,
means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting
income tax and other returns. The TIN may be either a Social Security Number or an Employer
Identification Number.
(c) If Offeror does not have a TIN, Offeror shall indicate if either a TIN has been applied for or a TIN is not
required. If a TIN is not required, indicate whether (i) Offeror is a nonresident alien, foreign corporation,
or foreign partnership that does not have income effectively connected with the conduct of a trade or
business in the United States and does not have an office or place of business or a fiscal paying agent in the
United States; (ii) Offeror is an agency or instrumentality of a state or local government; (iii) Offeror is an
agency or instrumentality of a foreign government; or (iv) Offeror is an agency or instrumentality of the
Federal Government. [02-2A140-1]

VENDOR REGISTRATION MANDATORY (JAN 2006)

You must have a state vendor number to be eligible to submit an offer. To obtain a state vendor number,
visit www.procurement.sc.gov and select New Vendor Registration. (To determine if your business is
already registered, go to "Vendor Search"). Upon registration, you will be assigned a state vendor number.
 Vendors must keep their vendor information current. If you are already registered, you can update your
information by selecting Change Vendor Registration. (Please note that vendor registration does not
substitute for any obligation to register with the S.C. Secretary of State or S.C. Department of Revenue.
You can register with the agencies at http://www.scbos.com/default.htm [02-2A145-1]

WITHDRAWAL OR CORRECTION OF OFFER (JAN 2004)

Offers may be withdrawn by written notice received at any time before the exact time set for opening. If
the Solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time
before the exact time set for opening. A bid may be withdrawn in person by a bidder or its authorized
representative if, before the exact time set for opening, the identity of the person requesting withdrawal is
established and the person signs a receipt for the bid. The withdrawal and correction of Offers is governed
by S.C. Code Section 11-35-1520 and Regulation 19-445.2085. [02-2A150-1]

                                                      12
IIB. INSTRUCTIONS TO OFFERORS - SPECIAL INSTRUCTIONS

CONFERENCE - PRE-BID/PROPOSAL (JAN 2006)
Site Visit for Cosmetology and Hartsville Sites - Date: May 11, 2010 - Time: 10:00am
Place: Cosmetology Site, 122 Palmetto Road, Darlington, SC - Followed by visit to:
       Hartsville Site, 225 Swiftcreek Road, Hartsville, SC

Site Visit for Lake City Site - Date May 12, 2010 - Time: 10:00am
Place: Lake City Site, 278 West Cole Road, Lake City, SC

 Due to the importance of all offerors having a clear understanding of the specifications and requirements
of this solicitation, a conference of potential offerors will be held on the date specified on the cover page.
 Bring a copy of the solicitation with you. Any changes resulting from this conference will be noted in a
written amendment to the solicitation. Your failure to attend will not relieve the Contractor from
responsibility for estimating properly the difficulty and cost of successfully performing the work, or for
proceeding to successfully perform the work without additional expense to the State. The State assumes no
responsibility for any conclusions or interpretations made by the Contractor based on the information made
available at the conference. Nor does the State assume responsibility for any understanding reached or
representation made concerning conditions which can affect the work by any of its officers or agents before
the execution of this contract, unless that understanding or representation is expressly stated in this
contract. [02-2B025-1]

CLARIFICATION (NOV 2007)

Pursuant to Section 11-35-1520(8), the Procurement Officer may elect to communicate with you after
opening for the purpose of clarifying either your offer or the requirements of the solicitation. Such
communications may be conducted only with offerors who have submitted an offer which obviously
conforms in all material aspects to the solicitation. Clarification of an offer must be documented in writing
and included with the offer. Clarifications may not be used to revise an offer or the solicitation. [Section
11-35-1520(8); R.19-445.2080] [02-2B055-1]

MAIL PICKUP (JAN 2006)

The Florence-Darlington Technical College picks up all mail from The US Postal Service once daily
around 8:30 a.m. (excluding weekends and holidays). See provision entitled Deadline for Submission of
Offer. [02-2B080-1]

OFFERING BY LOT (JAN 2006)

Offers may be submitted for one or more complete lots. Failure to offer on all items within a lot will be
reason for rejection. [02-2B095-1]

PREFERENCES - A NOTICE TO VENDORS (SEP 2009)

On June 16, 2009, the South Carolina General Assembly rewrote the law governing preferences available
to in-state vendors, vendors using in-state subcontractors, and vendors selling in-state or US end products.
This law appears in Section 11-35-1524 of the South Carolina Code of Laws. A summary of the new
preferences is available at www.procurement.sc.gov/preferences . ALL THE PREFERENCES MUST BE
CLAIMED AND ARE APPLIED BY LINE ITEM, REGARDLESS OF WHETHER AWARD IS MADE BY
ITEM OR LOT. VENDORS ARE CAUTIONED TO CAREFULLY REVIEW THE STATUTE
BEFORE CLAIMING ANY PREFERENCES. THE REQUIREMENTS TO QUALIFY HAVE
CHANGED. IF YOU REQUEST A PREFERENCE, YOU ARE CERTIFYING THAT YOUR
OFFER QUALIFIES FOR THE PREFERENCE YOU'VE CLAIMED. IMPROPERLY
REQUESTING A PREFERENCE CAN HAVE SERIOUS CONSEQUENCES. [11-35-1524(E) (4) &
(6)] [02-2B111-1]


                                                     13
PREFERENCES - RESIDENT CONTRACTOR PREFERENCE (SEP 2009)

To qualify for the RCP, you must maintain an office in this state. An office is a non-mobile place for the
regular transaction of business or performance of a particular service which has been operated as such by
the bidder for at least one year before the bid opening and during that year the place has been staffed for at
least fifty weeks by at least two employees for at least thirty five hours a week each. In addition, you must,
at the time you submit your bid, directly employ, or have a documented commitment with, individuals
domiciled in South Carolina that will perform services expressly required by the solicitation and your total
direct labor cost for those individuals to provide those services must exceed fifty percent of your total bid
price. [11-35-1524(C) (1) (iii)] Upon request by the procurement officer, you must identify the persons
domiciled in South Carolina that will perform the services involved in the procurement upon which you
rely in qualifying for the preference, the services those individuals are to perform, and documentation of
the your labor cost for each person identified. If requested, your failure to provide this information
promptly will be grounds to deny the preference (and, potentially, for other enforcement action). [02-
2B113A-1]

PREFERENCES - RESIDENT SUBCONTRACTOR PREFERENCE (SEP 2009)

To qualify for this preference, you must meet the following requirements. (1) You must -- at the time you
submit your bid, have a documented commitment from a single proposed first tier subcontractor to perform
some portion of the services expressly required by the solicitation. (2) The subcontractor -- at the time you
submit your bid -- must directly employ, or have a documented commitment with, individuals domiciled in
South Carolina that will perform services expressly required by the solicitation and the total direct labor
cost to the subcontractor for those individuals to provide those services exceeds, as applicable, either
twenty percent for a 2% preference or forty percent of bidder's total bid price for a 4% preference. (3) You
must identify the subcontractor that will perform the work, the work the subcontractor is to perform, and
your factual basis for concluding that the subcontractor's work constitutes the required percentage of the
work to be performed in the procurement. [11-35-1524(D)] You can stack this preference, i.e., earn another
2% or 4% preference for each additional qualifying subcontractor, but the preference is capped. [11-35-
1524(D) (4), (E) (7)] Upon request by the procurement officer, you must identify the persons domiciled in
South Carolina that are to perform the services involved in the procurement upon which you rely in
qualifying for the preference, the services those individuals are to perform, the employer of those persons,
your relationship with the employer, and documentation of the subcontractor's labor cost for each person
identified. If requested, your failure to provide this information promptly will be grounds to deny the
preference (and, potentially, for other enforcement action). YOU WILL NOT RECEIVE THE
PREFERENCE UNLESS YOU SPECIFY WHETHER YOUR ARE CLAIMING THE 2% OR 4%
PREFERENCE AND YOU PROVIDE THE INFORMATION REQUIRED BY ITEM (3) ABOVE. [02-
2B113B-1]

PROTEST - CPO - MMO ADDRESS (JUNE 2006)

Any protest must be addressed to the Chief Procurement Officer, Materials Management Office, and
submitted in writing (a) by email to protest-mmo@mmo.state.sc.us (b) by facsimile at 803-737-0639, or
(c) by post or delivery to 1201 Main Street, Suite 600, Columbia, SC 29201.
[02-2B122-1]

UNIT PRICES REQUIRED (JAN 2006)

Unit price to be shown for each item. [02-2B170-1]


SUBMITTING REDACTED OFFERORS (February 2007)


You are required to mark the original copy of your offer to identify any information that is exempt from
public disclosure. You must do so in accordance with the clause entitled “Submitting Confidential
Information.” In addition, you must also submit one complete copy of your offer from which you have

                                                      14
removed any information that you marked as exempt, i.e., a redacted copy. The information redacted
should mirror in every detail the information marked as exempt from public disclosure. The redacted copy
should (I) reflect the same pagination as the original, (ii) show the empty space from which information
was redacted, and (iii) be submitted on magnetic media. (See clause entitled “Magnetic Media – Required
Format.”) Except for redacted information, the CD must be identical to the original hard copy. Portable
Document format (.pdf) is preferred.


MAGNETIC MEDIA – REQUIRED FORMAT (JANUARY 2006): As noted on the cover page, an
original hard copy of your offer must be accompanied by the specified number of copies in the following
electronic format: compact disk (CD) in one of the following formats: CD-R; DVD ROM; DVD-R; OR
DVD+R. Formats such as CD-RW, DVD-RAM, DVD_RW, DVD+RW, or DVIX are not acceptable and
will result in the offer‟s proposal being rejected. Each CD must be identical to the original hard copy. File
format shall be WORD 97 or later. No PDF Files will be accepted.
SAP




                                Florence Darlington Technical College

                                   Specifications Janitorial Services

(This specification is released for procurement purposes until revised, rescinded or withdrawn.)

III. Scope Of Solicitation
This section of the specifications covers provisions for a complete and efficient janitorial service, including
all reasonable and necessary labor, supervision, equipment and supplies in order to keep the contracted
areas properly clean and supplied.

A. General Contract Conditions

      Contractor Employee Policy

The contractor agrees to be responsible for and shall provide general supervision of all his employees
working under this contract. Whenever any employee(s) is working, there shall be a designated supervisor
directing his/her work, no exception.

The contractor shall ascertain that all employees abide by the following rules:

1.     Employees should wear company issued uniforms with company emblem and nametag at all times
       while on the premises. All contractor personnel shall maintain a clean, neat, and well-groomed
       appearance. The contractor shall take every reasonable step to insure that all work is performed safely
       and that safe working conditions are maintained.

2.     Employees shall be of good integrity and character. All employees shall have criminal record checks
       and be screened for any illegal drug use via mandatory drug test.

3.     Employees shall not disturb any papers, boxes or other materials except those in trash receptacles or
       designated areas for trash or unless such material is properly identified as trash.

4.      Employees shall report any property loss or damage to their supervisor immediately. The supervisor
       shall report such damage, within 24 hours to the representative of Florence-Darlington Technical
       College in writing, specifying the location and extent to the damage. Failure to report such damage, as
       required, may be construed as default of the contract. This may also result in the contractor being
       liable for replacement of the property if not reported.

5.     Employees shall not open drawers, file cabinets or use any telephone or other office equipment such as
       personal computers, except public pay phones unless given specific approval by the contracting
       agency. Any employee caught using Florence-Darlington Technical College personal equipment, such
       as phones, computers, printers, etc., shall be terminated.
                                                         15
6.    Employees shall not leave keys in doors or admit any one into any building or office who is not a
      designated employee of the contractor. All doors, which were locked upon entry, will be immediately
      re-locked. All sets of keys will be given to the supervisor, and the supervisor or designee shall return
     “all” sets of keys as originally given – no exception.

7.   Employees shall not clean or move copy machines or other office machines, including personal
     computers, except when specifically requested by Florence-Darlington Tech.

8.   Employees shall not engage in idle or unnecessary conversation with state employees, other employees
     of the contractor, tenants or visitors to the building.

9.   Employees shall not remove any article or materials from the premises, regardless of its value or
     regardless of any employees or tenants permission. This is to include the contents of any item found in
     trash containers in or around premises. Trash items are to be placed in dumpsters or trashcans
     designated for that purpose. Recyclables are to be placed in the containers designated for them.

10. Employees shall abide by rules and regulations set forth by the state of South Carolina which affect the
    performance of the work, including DHEC regulations and Haz-Com training.

11. Each employee of the contractor shall have at least 1 year of relevant experience as a janitorial
    employee, or certification for general custodial knowledge from a bonafide training program or school.
    Supervisory employees shall have at least one year of related experience and a minimum certification
    for supervisory custodial knowledge from a bonafide training program or school. Florence-Darlington
    Technical College reserves the right to view applications of contract employees to verify work
    experience if employed at Florence-Darlington Technical College.

12. Upon written request of Florence-Darlington Tech to the contractor, any contractor‟s employee who
    fails to abide by these or other rules established by the contracting agency will be immediately
    removed from the job and replaced, no exceptions.

Liability
The contractor shall assume liability for damage or loss resulting from the wrongful act(s) and/or
negligence of their employees while they are on state-owned premises.
The contractor or insurer shall reimburse the contracting agency for any such damage or loss within 30
days after a claim is submitted.

Insurance
The contractor shall obtain and furnish to State Procurement‟s, within fifteen (15) days after notification of
contract award, certificates for the following insurer‟s coverage.

1.   Workmen‟s Compensation Insurance covering all individuals engaged in any work under this contract.
     Insurance coverage must meet requirements of South Carolina laws regarding Workman‟s
     Compensation Insurance.

2.   Public liability and property damage insurance (to include contractor‟s protective insurance) that shall
     protect the contractor and any sub-contractor‟s performing work covered by the contract from claims
     for: 1) damages for personal injury, including death and 2) property damages which may arise from
     operations under the contract, whether such operations be by the contractor or any subcontractor or by
     anyone directly or indirectly employed by either of them.

     The amount of such insurance shall, as a minimum, be $100,000 per person or incident and $500,000
     in aggregate per type of coverage.

3.   Automobile bodily injury and property damage liability when the services to be performed required the
     use of a motor vehicle.

All insurance shall remain in effect for the duration of this contract, including extension. Insurance and/or
bond shall be secured from companies licensed to do business in the State of South Carolina and shall be
countersigned by a licensed resident agent authorized to conduct business in South Carolina. All

                                                       16
certificates of insurance shall provide that the insurance company will give the contracting agency thirty
(30) days written notice prior to any cancellation or change in the stated coverage of any such insurance.

Laws
The contractor shall comply with all laws, ordinance, codes, rules and regulations bearing on the conduct of
the work, including those of Federal, State and local agencies having jurisdiction. This shall include but
not be limited to minimum wages, labor and equal employment opportunity laws and appliance DHEC
regulations.

Equipment and Supplies
Unless otherwise stated, Florence-Darlington Tech will provide all light bulbs, toilet tissue and paper
towels. The contractor shall provide all industrial equipment and other necessary supplies (adequate in
kind, quantity and quality) for professionally performing all work in this contract. Residential grade
equipment shall not be permitted. The contractor shall provide feminine hygiene dispensers and supplies in
all women‟s restrooms, along with seat covers. Losses to the State caused by inferior quality equipment,
including negligent operations, or supplies will be reimbursed by the contractor. All damages verified that
occurs by the contractor to Florence-Darlington Technical College property will be reimbursed to Florence-
Darlington Technical College.

The contractor shall furnish and maintain in first class condition all equipment necessary to perform the
specified services. It shall be the responsibility of the contractor to make sure all safety attachments of
devices are not removed or modified from on any equipment. Any equipment that is not satisfactory shall
be removed from the premises and replaced or repaired in a timely manner.

The contractor shall have their supervisor or designated employee available to be contacted via telephone,
two-way radio or pager to handle emergencies 24 hours a day, 7 days per week, when not in the
contractor‟s office.

Utilities
The College will provide the contractor with all normal utilities necessary for performing this contract
(electricity, lights, water, etc.). Upon written request from the contracting agency, the contractor will
comply with energy conservation requirements initiated by State Government. Contractor shall turn “off”
all lights when exiting a room after cleaning and lock doors – no exception.

Storage
Florence-Darlington Tech will provide the contractor with a minimum of one (1) secured Janitors Closet
per building for storage of supplies and equipment. The contractor shall keep all janitor closets, storage
room and other space assigned to his use clean, orderly and locked at all times. Exceptions shall be made
only with prior written permission from the contracting agency to leave doors unlocked.

Inspection
The contractor shall accompany a designated representative(s) on inspections of the work at any time
during business hours when requested. Request shall be given at least 24 hours in advance. Florence-
Darlington Tech College reserves the right to make determination as to whether service is being performed
satisfactorily. The result of the inspection shall be documented within 48 hours and copies sent to the
contractor, State Procurement and the contract personnel at Florence-Darlington Technical College.

Default
Failure to satisfactorily perform the services required by the contract will be grounds for Florence-
Darlington Tech to declare the contractor in default. All contract disputes will be referred to State
Procurement for resolution.

Work Conferences
At least every 30 days, the contractor, supervisor or designee shall meet with the contract coordinator or
designee for a conference and tour to evaluate the performance of the contract. A written monthly
performance report may be requested by the contractor.




                                                      17
Minimum Wage
In the event of a federal minimum wage increase, the contract price will be subject to renegotiation. No
charges will be made without approval in writing of both parties to the contract. The contractor will be
granted such an increase provided sufficient documentation is given to support the increase.

Contract Services Specifications
General Requirements
The contractor will furnish all labor, supervision, materials, supplies and industrial equipment to perform
these services in a manner that is satisfactory to the contracting agency. The contractor is expected to
conduct the contract operations in a professional manner and to supply generally accepted janitorial
services. Florence-Darlington Technical College reserves the right to make determination as to whether
services are being performed satisfactorily.

The contractor shall correct all complaints and supply special requests for services within a reasonable
time-period. All complaints, both major and minor, shall be investigated during the same working day.
The contractor will be required to respond in written form to every complaint registered to the contractor.
Any complaint which cannot be corrected during the same working day or which is considered
unreasonable or which cannot be dealt with for reasons beyond the contractor‟s control shall be specifically
reported to the contract coordinator no later than 48 hours of the request. Uncorrected complaints, if not
considered unreasonable by the contract coordinator shall be Cause for any and all of the following actions
by Florence-Darlington Technical College.

    1.   To obtain the services from within its own staff or from another available source without prior
         notice to the contractor. Costs for these services will be documented and charged to the
         contractor.

2. To cancel the contract as provided for under General Requirements. Notice of such action, if deemed
   necessary, shall be made by certified mail (return receipt requested) and either received or refused at the
   office of the contractor listed in the contract. If action results in cancellation, Florence-Darlington Tech
   will access any costs or damages due and for any excess costs of obtaining the services for the balance
   of his original contract period or until such time a new contractor has been established.

Special Requirements
Carpets must be kept free of dirt, dust and stains on a regular basis. Carpet pile must not be allowed to
become flat or matted. Contractor shall provide to Florence-Darlington Tech a written copy of its
employee training manual/program, employee safety manual, and its Technical proposals (how the
contractor proposes to accomplish the task). Ex. Number of employees, job titles, shift worked, & etc.
This shall be reviewed and approved by Florence-Darlington Technical College prior to awarding of
this contract. - Contractor must maintain a local office in the Florence-Darlington area. This does
not include office space provided by Florence-Darlington Tech, nor an office on another premises of
a previous contract awarded contract.

Contractor must provide at least (4) four references equivalent in size to the Florence-Darlington
Technical College Sites.

Prior to final acceptance of contract, work schedule must be accepted by contract coordinator. Also
a list of industrial equipment to be used shall be provided.

If after (3) Three documented meetings with management of the contract and no improvement, Florence-
Darlington Technical College reserves the right to request this contract be terminated.

Adjustment of Services
The State reserves the right to adjust the cleaning schedule and/or location(s) as may be deemed necessary
during the contract period. The monthly cost shall be utilized to obtain the change in contract price
resulting in adjustments in service.

Warranty
The contractor warrants to the agency that all work performed as a result of this Best Value Bid and
specifications will be performed in a professional manner consistent with industry practice.

                                                      18
Acceptance Evaluation and Quality Assurance
The service provided will be subject to inspection and accepted by Florence-Darlington Tech. At a
minimum, bimonthly inspections will be conducted of all buildings being cleaned under contract. A
written summary of the inspections shall be issued to the Florence-Darlington Tech representative within a
reasonable period after completion of the inspections. All work not in accordance with the specifications
will be handled as described under Contract Service Specification; General Requirements. Payment for
services rendered under Optional Major Maintenance Cleaning Schedule will be made on the final
completion of each task which is required and after approval by contract coordinator.

Delivery and Payment
Payment for services rendered shall be made monthly based upon valid and approved invoices submitted to
the agency. Payment shall be made by the 15th of the following month. Payment for services rendered under
Optional Major Maintenance Cleaning Schedule will be made on the final completion of each task which is
required and after approval by the contract coordinator.

Additional Work
Contractor is to provide hourly labor rates for special projects as part of this contract. Any special projects
will be authorized by Florence-Darlington Technical College‟s representative prior to service being
rendered.
Examples: March of Dimes Walk-A-Thon, Grand Openings, Dedication Services, Board Retreats,
Presidential Forums, Council Meetings, etc.

    A. General Cleaning
         The contractor must provide the following services, no less frequently than the
         schedule specified. The Quality Assurance Supervisor of Florence-Darlington
         Tech will inspect the premises on a random basis to ascertain whether the
         services are being provided. NOTE: A cleaning specification checklist has
         been included to let the contractor know some of the items that shall be checked.
         This checklist Does Not override the specifications. The College shall provide a
         Quality Assurance Supervisor to verify that the specifications checklist is being
         used.


Area: COSMETOLOGY               CENTER


SERVICES TO BE PERFORMED                                                                      FREQUENCY

1. All floors to be mopped & baseboard cleaned.                                               3 Times/Week

2. All floors to be stripped and waxed.                                                       Bi-Weekly

3. All furniture to be dusted including ceiling fans.                                         3 Times/Week

4. All glass to be cleaned including Mirrors, Counters,                                       3 Times/Week
   glass doors, windows, etc.

5. Bathrooms and break room to be cleaned With approved Disinfectant.                         3 Times/Week

6. Provide seat covers, bag liners, and soap. Restock as needed.                              3 Times/Week

7. All trash cans to be emptied and bag liners replaced.                                      3 Times/Week


                                                      19
8. All offices & classrooms to be dusted & furnish polished                3 Times/Week

9. Clean blackboards, erasers and blackboard trays.                        3 Times/Week

10. Spot clean doors, walls, interior & exterior mats, outside walkways    3 Times/Week

11. Empty and clean ashtrays of butts & trash.                             3 Times/Week

12. Report all burned out lights. Check all Locks.                         3 Times/Week

13. Clean And Disinfect Water Fountain (S).                                3 Times/Week

14. Vacuum and spot clean all carpeted areas.                              3 Times/Week

15. Maintain Janitor’s closet.                                             3 Times/Week

16. Dust And Clean All Walls, Door Knobs, Hinges (High Dusting- Top Of     Once/Week
    Doors, Light Fixtures, Exit Signs, Alarm Systems).

17. Check Parking Lot & Remove Trash, Debris Etc.                          Once/Week

18. Clean Outside Entrance Ways Of Spider Webs & Debris.                   Once/Week

Once/Monthly

19. Clean All Air Vents. Notify Director When Replacement Is Needed.

Once/Quarterly:

20. Clean Light Fixtures of Bugs and Debris.                               Quarterly

Once/Semi Annually:

21. Strip And Wax All Vinyl Floors. (Summer Break & Winter Break.)        Semi/Annually




Area: LAKE     CITY & HARTSVILLE SITE
SERVICES TO BE PERFORMED                                                  FREQUENCY

SCOPE OF WORK:

DAILY:

   1Empty And Clean Wastebaskets And Replace Liners As Required.          3 Times/Week

   2. Remove All Spots From Carpets.                                      3 Times/Week
                                              20
3. Vacuum All Areas Of Carpet.                                       3 Times/Week

4. Sweep/Dust Mop and Damp Mop All Vinyl and Ceramic Floor           3 Times/Week
   Surfaces

5. Dust And Clean Level Surface (Horizontal) Of Desks, Tables,       3 Times/Week
   Filing Cabinets, Office Furniture and Window Sills.

6. Clean Hand Marks From Counter Tops And Glass Desk Tops            3 Times/Week

7. Clean Chalk Board (S).                                            3 Times/Week

8. Clean Door Knobs or Handles.                                      3 Times/Week

9. Spot Clean Walls and Partitions, Hinges, And Wall Attachment      3 Times/Week
   Devices

10. Clean Mirrors and Bright Metals.                                 3 Times/Week

11. Clean All Urinals, Toilets and Lavatories With Solution          3 Times/Week
    Containing
    An Approved Disinfectant

12. Refill Soap, Towels, Tissue and Toilet, Seat Covers Containers   3 Times/Week
    (Keep All Dispensers Fill At All Times).

13. Clean And Disinfect Water Fountain (S).                          3 Times/Week

14. Clean Ash Urns of Cigarette Butts and Trash.                     3 Times/Week

15. Maintain Janitorial Closet, Clean And Orderly. Only Items        3 Times/Week
    Required For The Performance Of the Prescribed Duties Are To
    Be in the Janitors Closet.

16. Turn Off All Lights Except Those Required To Be On.              3 Times/Week

17. Check All Locks.                                                 3 Times/Week

18. Check Coffee Pots, Etc. Turn Off Any Left On.                    3 Times/Week

    Weekly:

19. Dust All Framed Art Work. Care Should Be Taken Not To Damage     Once/Week
    Art Work, Frames, And Walls.

20. Clean Entrance Glass and Frames.                                 Once/Week

21. Spray Buff Vinyl Flooring.                                       Once/Week

22. Dust And Clean All Baseboards, (High Dusting - Top Of Doors,     Once/Week
    Light Fixtures, Exit Signs, Alarm Systems).


                                         21
    23. Check Parking Lot & Remove Trash, Debris, Etc.                                        Once/Week

    24. Clean Outside Entrance Ways of Spider Webs And Debris                                 Once/Week

         Once/Monthly

    25. Clean All Air Vents. Notify Director When Replacement Is                              Monthly
        Needed

         Once/Quarterly:

    26. Clean Light Fixtures Of Bugs And Debris.                                              Quarterly
        Notify Director When Lights Are Out.

         Once/Semi Annually:

    27. Strip And Wax All Vinyl Floors.                                                       Semi/Annually
        Summer Break & Winter Break.




IV. INFORMATION FOR OFFERORS TO SUBMIT

INFORMATION FOR OFFERORS TO SUBMIT -- GENERAL (JAN 2006)

Offeror shall submit a signed Cover Page and Page Two. Offeror should submit all other information and
documents requested in this part and in parts II.B. Special Instructions; III. Scope of Work; V.
Qualifications; VIII. Bidding Schedule/Price Proposal; and any appropriate attachments addressed in
section IX. Attachments to Solicitations. [04-4010-1]

MINORITY PARTICIPATION (JAN 2006)

Is the bidder a South Carolina Certified Minority Business? [ ] Yes        [ ] No

Is the bidder a Minority Business certified by another governmental entity? [ ] Yes        [ ] No

If so, please list the certifying governmental entity: _________________________

Will any of the work under this contract be performed by a SC certified Minority Business as a
subcontractor? [ ] Yes [ ] No

If so, what percentage of the total value of the contract will be performed by a SC certified Minority
Business as a subcontractor? _____________

Will any of the work under this contract be performed by a minority business certified by another
governmental entity as a subcontractor? [ ] Yes [ ] No

If so, what percentage of the total value of the contract will be performed by a minority business certified
by another governmental entity as a subcontractor? _____________

If a certified Minority Business is participating in this contract, please indicate all categories for which the
Business is certified:

[ ] Traditional minority
[ ] Traditional minority, but female
[ ] Women (Caucasian females)

                                                       22
[         ]   Hispanic minorities
[         ]   DOT referral (Traditional minority)
[         ]   DOT referral (Caucasian female)
[         ]   Temporary certification
[         ]   SBA 8 (a) certification referral
[         ]   Other minorities (Native American, Asian, etc.)

(If more than one minority contractor will be utilized in the performance of this contract, please provide the
information above for each minority business.)

For a list of certified minority firms, please consult the Minority Business Directory, which is available at
the following URL:http://www.govoepp.state.sc.us/osmba/
[04-4015-1]
    SAP




V. QUALIFICATIONS

QUALIFICATION OF OFFEROR (JAN 2006)

To be eligible for award of a contract, a prospective contractor must be responsible. In evaluating an
Offeror's responsibility, the State Standards of Responsibility [R.19-445.2125] and information from any
other source may be considered. An Offeror must, upon request of the State, furnish satisfactory evidence
of its ability to meet all contractual requirements. Unreasonable failure to supply information promptly in
connection with a responsibility inquiry may be grounds for determining that you are ineligible to receive
an award. S.C. Code Section 11-35-1810. [05-5005-1]


Offerors should submit, at a minimum, the following information with their bid response:

1.            Company history, qualifications, resources (i.e. equipment, personnel), and experience in performing
              custodial and/or grounds maintenance services.
                a. Indicate the number of years your company has been in the business of providing services.
                b. List all clients where a service similar to those described herein has been provided.
                c. Include a minimum of three (3) references
                         i-        Include account name, contact person, telephone number, address and length and
                                   nature of contract.
                         ii-       List the number and location of bidder‟s offices located within the State of South
                                   Carolina.
                         iii-      Include any other information that would substantiate your
                                   experience/qualifications to provide these services.
                 d. Include a short resume of all owners and/or key supervisory employees.


DELIVERABLES REQUIRED OF SUCCESSFUL AWARDED CONTRACTOR


The successful Contractor(s) shall submit the following items to the FDTC’s Facilities Administrator
within thirty (30) days of initiation of the contract award:

                  A. A complete work schedule for weekly, monthly, quarterly, semi-annual and annual services for
                  all facilities. Schedule shall include set day and location for monthly review meetings with FDTC
                  Facilities Administrator or designee;

                  B. A schedule of all employees of the Contractor and the buildings to which they are assigned,
                  along with the labor-hours to perform the required work at each building;

                  C. A copy of the Material Safety Data Sheet (MSDS) for all chemicals that will be used in the
                  performance of the contract;



                                                                23
        D. A list of all cleaning products (brand names) to be utilized, how each will be used, and which
        ones meet Green Seal Standards;

        E. A copy of the Contractor‟s written safety program, IIPP, and signed list documenting safety
        training of all employees prior to the commencement of the contract;

        F. Documented list of employee training programs showing that all employees have been trained
        according to specifications of the bid prior to the commencement of the contract;

        G. SLED will run security checks of all personnel assigned to work under this contract. The
        following information must be provided to the Facilities Administrator no less than 30 days prior
        to any employee‟s start of work:
                 a. Full Name
                 b. Social Security Number
                 c. South Carolina Drivers License or ID number
                 d. Birth Date
                 e. Address

        The records check will include finger printing; Department of Justice wanted person system,
        South Carolina Drivers License check, County warrant check and review of any local record.
        FDTC will not be responsible for the costs associated with this process. FDTC reserves the right
        to approve/refuse any prospective employees of the contractor as a result of the background check.

        H. A detailed written work plan, which shall include the following:
                a) Backup staffing plan to cover absenteeism, vacations, etc;
                b) The number and level of supervisors proposed;
                c) The type and quantity of equipment to be used per building;

        I. All equipment required to successfully execute the maintenance of these facilities will be
        provided by the Contractor. The Contractor shall provide a list of type and quantity of equipment
        that will be utilized at each location in the performance of this contract. A copy of the
        specification of each type of equipment shall be attached to the proposal. The submitted
        equipment shall be kept current and operating in all facilities at all times for the life of the
        contract. This equipment will comply with OSHA standards.

        J. For general purpose vacuums and vacuums for low pile carpet, Contractor shall encourage using
        vacuums approved by the Carpet and Rug Institute (CRI) Green Label Program to reduce building
        contaminants. For a list of certified vacuums, visit http://www.carpetrug.org/about-cri/cri-
        signature-programs/vacuum-list.cfm.

        K. The successful contractor must furnish within fifteen (10) days after acceptance of bid a copy
        of his liability insurance certificate.
SUBCONTRACTOR -- IDENTIFICATION (JAN 2006)

If you intend to subcontract with another business for any portion of the work and that portion exceeds 10%
of your price, your offer must identify that business and the portion of work which they are to perform.
 Identify potential subcontractors by providing the business name, address, phone, taxpayer identification
number, and point of contact. In determining your responsibility, the state may evaluate your proposed
subcontractors. [05-5030-1]

DELIVERY/PERFORMANCE LOCATION -- SPECIFIED

After award, all deliveries shall be made and all services provided to the following address, unless
otherwise specified: See VIII - Bid Schedule/Price Business Proposal for Exact Location of Each
Facility to be Cleaned & Maintained.




                                                    24
VI. AWARD CRITERIA

AWARD BY LOT

Award will be made by complete lot(s). However, in order to be eligible to receive an award for any
lot as bid, all items within each lot must be bid upon.

AWARD CRITERIA -- BIDS

Award will be made to one vendor for each lot.

CALCULATING THE LOW BID

Offerors must meet the minimum qualifications listed in Section V in order to receive
consideration. The Bid Proposal offered by Contractor must also meet the Scope of
Work/Specifications in Section III. The Award will be made to the lowest and the next lowest
responsive and responsible offeror(s). This “evaluated award amount” will be derived from the
Bid Schedule as show in Section VIII of this solicitation. This “Evaluated Award Amount” will
be the sum total of the extended price amount. This extended price amount is the sum total of the
“unit price” times (*) the “number of months.”

COMPETITION FROM PUBLIC ENTITIES (JAN 2006)

If a South Carolina governmental entity submits an offer, the Procurement Officer will, when determining
the lowest offer, add to the price provided in any offers submitted by non-governmental entities a
percentage equivalent to any applicable sales or use tax. S.C. Code Ann. Regs 117-304.1 (Supp. 2004).
 [06-6057-1]
 SAP




VII. TERMS AND CONDITIONS -- A. GENERAL

ASSIGNMENT (JAN 2006)

No contract or its provisions may be assigned, sublet, or transferred without the written consent of the
Procurement Officer. [07-7A004-1]

BANKRUPTCY (JAN 2006)

(a) Notice. In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or
involuntary, the Contractor agrees to furnish written notification of the bankruptcy to the Using
Governmental Unit. This notification shall be furnished within five (5) days of the initiation of the
proceedings relating to the bankruptcy filing. This notification shall include the date on which the
bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a
listing of all State contracts against which final payment has not been made. This obligation remains in
effect until final payment under this Contract. (b) Termination. This contract is voidable and subject to
immediate termination by the State upon the contractor's insolvency, including the filing of proceedings in
bankruptcy. [07-7A005-1]

CHOICE-OF-LAW (JAN 2006)

The Agreement, any dispute, claim, or controversy relating to the Agreement, and all the rights and
obligations of the parties shall, in all respects, be interpreted, construed, enforced and governed by and
under the laws of the State of South Carolina, except its choice of law rules. As used in this paragraph, the
term "Agreement" means any transaction or agreement arising out of, relating to, or contemplated by the

                                                     25
solicitation. [07-7A010-1]

CONTRACT DOCUMENTS and ORDER OF PRECEDENCE (JAN 2006)

(a) Any contract resulting from this solicitation shall consist of the following documents: (1) a Record of
Negotiations, if any, executed by you and the Procurement Officer, (2) documentation regarding the
clarification of an offer [e.g., 11-35-1520(8) or 11-35-1530(6)], if applicable, (3) the solicitation, as
amended, (4) modifications, if any, to your offer, if accepted by the Procurement Officer, (5) your offer,
 (6) any statement reflecting the state's final acceptance (a/k/a "award"), and (7) purchase orders. These
documents shall be read to be consistent and complimentary. Any conflict among these documents shall be
resolved by giving priority to these documents in the order listed above. (b) The terms and conditions of
documents (1) through (6) above shall apply notwithstanding any additional or different terms and
conditions in either (i) a purchase order or other instrument submitted by the State or (ii) any invoice or
other document submitted by Contractor. Except as otherwise allowed herein, the terms and conditions of
all such documents shall be void and of no effect. (c) No contract, license, or other agreement containing
contractual terms and conditions will be signed by any Using Governmental Unit. Any document signed or
otherwise agreed to by persons other than the Procurement Officer shall be void and of no effect. [07-
7A015-1]

DISCOUNT FOR PROMPT PAYMENT (JAN 2006)

(a) Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered
discount will form a part of the award, and will be taken if payment is made within the discount period
indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in
conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on
individual invoices.

(b) In connection with any discount offered for prompt payment, time shall be computed from the date of
the invoice. If the Contractor has not placed a date on the invoice, the due date shall be calculated from the
date the designated billing office receives a proper invoice, provided the state annotates such invoice with
the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall
be considered to have been made on the date that appears on the payment check or, for an electronic funds
transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday
when Federal Government offices are closed and Government business is not expected to be conducted,
payment may be made on the following business day
[07-7A020-1]



DISPUTES (JAN 2006)

(1) Choice-of-Forum. All disputes, claims, or controversies relating to the Agreement shall be resolved
exclusively by the appropriate Chief Procurement Officer in accordance with Title 11, Chapter 35, Article
17 of the South Carolina Code of Laws, or in the absence of jurisdiction, only in the Court of Common
Pleas for, or a federal court located in, Richland County, State of South Carolina. Contractor agrees that
any act by the Government regarding the Agreement is not a waiver of either the Government's sovereign
immunity or the Government's immunity under the Eleventh Amendment of the United State's Constitution.
 As used in this paragraph, the term "Agreement" means any transaction or agreement arising out of,
relating to, or contemplated by the solicitation. (2) Service of Process. Contractor consents that any papers,
notices, or process necessary or proper for the initiation or continuation of any disputes, claims, or
controversies relating to the Agreement; for any court action in connection therewith; or for the entry of
judgment on any award made, may be served on Contractor by certified mail (return receipt requested)
addressed to Contractor at the address provided as the Notice Address on Page Two or by personal service
or by any other manner that is permitted by law, in or outside South Carolina. Notice by certified mail is
deemed duly given upon deposit in the United States mail. [07-7A025-1]




                                                      26
EQUAL OPPORTUNITY (JAN 2006)

Contractor is referred to and shall comply with all applicable provisions, if any, of Title 41, Part 60 of the
Code of Federal Regulations, including but not limited to Sections 60-1.4, 60-4.2, 60-4.3, 60-250.5(a), and
60-741.5(a), which are hereby incorporated by reference. [07-7A030-1]

FALSE CLAIMS (JAN 2006)

According to the S.C. Code of Laws Section 16-13-240, "a person who by false pretense or representation
obtains the signature of a person to a written instrument or obtains from another person any chattel, money,
valuable security, or other property, real or personal, with intent to cheat and defraud a person of that
property is guilty" of a crime. [07-7A035-1]

FIXED PRICING REQUIRED (JAN 2006)

Any pricing provided by contractor shall include all costs for performing the work associated with that
price. Except as otherwise provided in this solicitation, contractor's price shall be fixed for the duration of
this contract, including option terms. This clause does not prohibit contractor from offering lower pricing
after award. [07-7A040-1]

NON-INDEMNIFICATION (JAN 2006)

Any term or condition is void to the extent it requires the State to indemnify anyone. [07-7A045-1]

NOTICE (JAN 2006)

(A) After award, any notices shall be in writing and shall be deemed duly given (1) upon actual delivery, if
delivery is by hand, (2) upon receipt by the transmitting party of automated confirmation or answer back
from the recipient's device if delivery is by telex, telegram, facsimile, or electronic mail, or (3) upon deposit
into the United States mail, if postage is prepaid, a return receipt is requested, and either registered or
certified mail is used. (B) Notice to contractor shall be to the address identified as the Notice Address on
Page Two. Notice to the state shall be to the Procurement Officer's address on the Cover Page. Either
party may designate a different address for notice by giving notice in accordance with this paragraph. [07-
7A050-1]

PAYMENT (JAN 2006)

(a) The Using Governmental Unit shall pay the Contractor, after the submission of proper invoices or
vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and
accepted, less any deductions provided in this contract. Unless otherwise specified in this contract,
including the purchase order, payment shall not be made on partial deliveries accepted by the Government.
 (b) Unless the purchase order specifies another method of payment, payment will be made by check. (c)
Payment and interest shall be made in accordance with S.C. Code Section 11-35-45. Contractor waives
imposition of an interest penalty unless the invoice submitted specifies that the late penalty is applicable.
 [07-7A055-1]

PUBLICITY (JAN 2006)

Contractor shall not publish any comments or quotes by State employees, or include the State in either
news releases or a published list of customers, without the prior written approval of the Procurement
Officer. [07-7A060-1]

PURCHASE ORDERS (JAN 2006)

Contractor shall not perform any work prior to the receipt of a purchase order from the using governmental
unit. The using governmental unit shall order any supplies or services to be furnished under this contract
by issuing a purchase order. Purchase orders may be used to elect any options available under this contract,
                                                     27
e.g., quantity, item, delivery date, payment method, but are subject to all terms and conditions of this
contract. Purchase orders may be electronic. No particular form is required. An order placed pursuant to
the purchasing card provision qualifies as a purchase order. [07-7A065-1]

SETOFF (JAN 2006)

The state shall have all of its common law, equitable, and statutory rights of set-off. These rights shall
include, but not be limited to, the State's option to withhold for the purposes of set-off any moneys due to
the Contractor under this contract up to any amounts due and owing to the state with regard to this contract,
any other contract with any state department or agency, including any contract for a term commencing prior
to the term of this contract, plus any amounts due and owing to the state for any other reason including,
without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. [07-7A070-
1]

SURVIVAL OF OBLIGATIONS (JAN 2006)

The Parties' rights and obligations which, by their nature, would continue beyond the termination,
cancellation, rejection, or expiration of this contract shall survive such termination, cancellation, rejection,
or expiration, including, but not limited to, the rights and obligations created by the following clauses:
 Indemnification - Third Party Claims, Intellectual Property Indemnification, and any provisions regarding
warranty or audit. [07-7A075-1]

TAXES (JAN 2006)

Any tax the contractor may be required to collect or pay upon the sale, use or delivery of the products shall
be paid by the State, and such sums shall be due and payable to the contractor upon acceptance. Any
personal property taxes levied after delivery shall be paid by the State. It shall be solely the State's
obligation, after payment to contractor, to challenge the applicability of any tax by negotiation with, or
action against, the taxing authority. Contractor agrees to refund any tax collected, which is subsequently
determined not to be proper and for which a refund has been paid to contractor by the taxing authority. In
the event that the contractor fails to pay, or delays in paying, to any taxing authorities, sums paid by the
State to contractor, contractor shall be liable to the State for any loss (such as the assessment of additional
interest) caused by virtue of this failure or delay. Taxes based on Contractor's net income or assets shall be
the sole responsibility of the contractor. [07-7A080-1]

TERMINATION DUE TO UNAVAILABILITY OF FUNDS (JAN 2006)

Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and
appropriation of funds thereof. When funds are not appropriated or otherwise made available to support
continuation of performance in a subsequent fiscal period, the contract shall be canceled. In the event of a
cancellation pursuant to this paragraph, contractor will be reimbursed the resulting unamortized, reasonably
incurred, nonrecurring costs. Contractor will not be reimbursed any costs amortized beyond the initial
contract term. [07-7A085-1]

THIRD PARTY BENEFICIARY (JAN 2006)

This Contract is made solely and specifically among and for the benefit of the parties hereto, and their
respective successors and assigns, and no other person will have any rights, interest, or claims hereunder or
be entitled to any benefits under or on account of this Contract as a third party beneficiary or otherwise.
 [07-7A090-1]

WAIVER (JAN 2006)

The State does not waive any prior or subsequent breach of the terms of the Contract by making payments
on the Contract, by failing to terminate the Contract for lack of performance, or by failing to strictly or
promptly insist upon any term of the Contract. Only the Procurement Officer has actual authority to waive
any of the State's rights under this Contract. Any waiver must be in writing. [07-7A095-1]

                                                       28
VIIB. TERMS AND CONDITIONS -- SPECIAL

CHANGES (JAN 2006)

(1) Contract Modification. By a written order, at any time, and without notice to any surety, the
Procurement Officer may, subject to all appropriate adjustments, make changes within the general scope of
this contract in any one or more of the following:

(a) Drawings, designs, or specifications, if the supplies to be furnished are to be specially manufactured for
the [State] in accordance therewith;
(b) Method of shipment or packing;
(c) Place of delivery;
(d) Description of services to be performed;
(e) Time of performance (i.e., hours of the day, days of the week, etc.); or,
(f) Place of performance of the services. Subparagraphs (a) to (c) apply only if supplies are furnished
under this contract. Subparagraphs (d) to (f) apply only if services are performed under this contract.

(2) Adjustments of Price or Time for Performance. If any such change increases or decreases the
contractor's cost of, or the time required for, performance of any part of the work under this contract,
whether or not changed by the order, an adjustment shall be made in the contract price, the delivery
schedule, or both, and the contract modified in writing accordingly. Any adjustment in contract price made
pursuant to this clause shall be determined in accordance with the Price Adjustment Clause of this contract.
 Failure of the parties to agree to an adjustment shall not excuse the contractor from proceeding with the
contract as changed, provided that the State promptly and duly make such provisional adjustments in
payment or time for performance as may be reasonable. By proceeding with the work, the contractor shall
not be deemed to have prejudiced any claim for additional compensation, or an extension of time for
completion.
(3) Time Period for Claim. Within 30 days after receipt of a written contract modification under Paragraph
(1) of this clause, unless such period is extended by the Procurement Officer in writing, the contractor shall
file notice of intent to assert a claim for an adjustment. Later notification shall not bar the contractor's
claim unless the State is prejudiced by the delay in notification.
(4) Claim Barred After Final Payment. No claim by the contractor for an adjustment hereunder shall be
allowed if notice is not given prior to final payment under this contract.
[07-7B025-1]

COMPLIANCE WITH LAWS (JAN 2006)

During the term of the contract, contractor shall comply with all applicable provisions of laws, codes,
ordinances, rules, regulations, and tariffs. [07-7B035-1]

CONFERENCE -- PRE-PERFORMANCE (JAN 2006)

Unless waived by the Procurement Officer, a pre-performance conference between the contractor, state and
Procurement Officer shall be held at a location selected by the state within five (5) days after final award,
and prior to commencement of work under the contract. The responsibilities of all parties involved will be
discussed to assure a meeting of the minds of all concerned. The successful contractor or his duly
authorized representative shall be required to attend at contractor's expense. [07-7B040-1]

CONTRACTOR'S LIABILITY INSURANCE (JAN 2006)

(1) Contractor shall purchase from and maintain in a company or companies lawfully authorized to do
business in South Carolina such insurance as will protect the contractor from the types of claims set forth
below which may arise out of or result from the contractor's operations under the contract and for which the
contractor may be legally liable, whether such operations be by the contractor or by a subcontractor or by
anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be
liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts
which are applicable to the work to be performed; (b) claims for damages because of bodily injury,
                                                     29
occupational sickness or disease, or death of the contractor's employees; (c) claims for damages because of
bodily injury, sickness or disease, or death of any person other than the contractor's employees; (d) claims
for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the
work itself, because of injury to or destruction of tangible property, including loss of use resulting there-
from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of
ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising
out of completed operations; and (h) claims involving contractual liability insurance applicable to the
Contractor's obligations under the provision entitled Indemnification -- Third Party Claims.
(2) Coverage shall be written on an occurrence basis and shall be maintained without interruption from
date of commencement of the work until date of final payment. Coverage must include the following on a
commercial basis: (i) Premises -- Operations, (ii) Independent Contractor's Protective, (iii) Products and
Completed Operations, (iv) Personal and Advertising Injury, (v) Contractual, including specific provision
for contractor's obligations under the provision entitled Indemnification --Third Party Claims, (vi) Broad
Form Property Damage including Completed Operations, and (vii) Owned, Non-owned and Hired Motor
Vehicles.
(3) The insurance required by this paragraph shall be written for not less than the following limits of
liability or as required by law, whichever coverage is greater.
COMMERCIAL GENERAL LIABILITY:
General Aggregate (per project) $1,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $ 50,000
Medical Expense (Any one person) $ 5,000
BUSINESS AUTO LIABILITY (including All Owned, Non-owned, and Hired Vehicles):
Combined Single Limit $1,000,000
OR
Bodily Injury & Property Damage (each) $750,000
WORKER'S COMPENSATION:
State Statutory
Employers Liability $100,000 per Acc.
$500,000 Disease, Policy Limit; $100,000 Disease, Each Employee
(4) Required Documentation. (a) Prior to commencement of the work, contractor shall provide to the state
a signed, original certificate of liability insurance (ACORD 25). The certificate shall identify the types of
insurance, state the limits of liability for each type of coverage, include a provision for 30 days notice prior
to cancellation, name every applicable using governmental unit (as identified on the cover page) as a
Certificate Holder, provide that the general aggregate limit applies per project, and provide that coverage is
written on an occurrence basis. (b) Prior to commencement of the work, contractor shall provide to the
state a written endorsement to the contractor's general liability insurance policy that (i) names every
applicable using governmental unit (as identified on the Cover Page) as an additional insured, (ii) provides
that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy
shall have effect unless the named governmental unit(s) has been given at least thirty (30) days prior
written notice, and (iii) provides that the Contractor's liability insurance policy shall be primary, with any
liability insurance of the state as secondary and noncontributory. (c) Both the certificate and the
endorsement must be received directly from either the contractor's insurance agent or the insurance
company.
(5) Contractor shall provide a minimum of thirty (30) days written notice to every applicable using
governmental unit of any proposed reduction of coverage limits (on account of revised limits or claims paid
under the General Aggregate) or any substitution of insurance carriers.
(6) The state's failure to demand either a certificate of insurance or written endorsement required by this
paragraph is not a waiver of contractor's obligations to obtain the required insurance.
[07-7B055-1]

CONTRACTOR PERSONNEL (JAN 2006)

The Contractor shall enforce strict discipline and good order among the Contractor's employees and other
persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons
not skilled in tasks assigned to them. [07-7B060-1]



                                                      30
CONTRACTOR'S OBLIGATION -- GENERAL (JAN 2006)

The contractor shall provide and pay for all materials, tools, equipment, labor and professional and non-
professional services, and shall perform all other acts and supply all other things necessary, to fully and
properly perform and complete the work. The contractor must act as the prime contractor and assume full
responsibility for any subcontractor's performance. The contractor will be considered the sole point of
contact with regard to all situations, including payment of all charges and the meeting of all other
requirements. [07-7B065-1]

DEFAULT (JAN 2006)

(a) (1) The State may, subject to paragraphs (c) and (d) of this clause, by written notice of default to the
Contractor, terminate this contract in whole or in part if the Contractor fails to:

(i) Deliver the supplies or to perform the services within the time specified in this contract or any
extension;

(ii) Make progress, so as to endanger performance of this contract (but see paragraph (a) (2) of this clause);
or

(iii) Perform any of the other material provisions of this contract (but see paragraph (a) (2) of this clause).

(2) The State's right to terminate this contract under subdivisions (a) (1) (ii) and (1) (iii) of this clause, may
be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by
the Procurement Officer) after receipt of the notice from the Procurement Officer specifying the failure.

(b) If the State terminates this contract in whole or in part, it may acquire, under the terms and in the
manner the Procurement Officer considers appropriate, supplies or services similar to those terminated, and
the Contractor will be liable to the State for any excess costs for those supplies or services. However, the
Contractor shall continue the work not terminated.

(c) Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if
the failure to perform the contract arises from causes beyond the control and without the fault or negligence
of the Contractor. Examples of such causes include (1) acts of God or of the public enemy, (2) acts of the
State in either its sovereign or contractual capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine
restrictions, (7) strikes, (8) freight embargoes, and (9) unusually severe weather. In each instance the
failure to perform must be beyond the control and without the fault or negligence of the Contractor.

(d) If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the
default is beyond the control of both the Contractor and subcontractor, and without the fault or negligence
of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the
subcontracted supplies or services were obtainable from other sources in sufficient time for the Contractor
to meet the required delivery schedule.

(e) If this contract is terminated for default, the State may require the Contractor to transfer title and deliver
to the State, as directed by the Procurement Officer, any (1) completed supplies, and (2) partially completed
supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights
(collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically
produced or acquired for the terminated portion of this contract. Upon direction of the Procurement
Officer, the Contractor shall also protect and preserve property in its possession in which the State has an
interest.

(f) The State shall pay contract price for completed supplies delivered and accepted. The Contractor and
Procurement Officer shall agree on the amount of payment for manufacturing materials delivered and
accepted and for the protection and preservation of the property; if the parties fail to agree, the Procurement
Officer shall set an amount subject to the Contractor's rights under the Disputes clause. Failure to agree
will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the
Procurement Officer determines to be necessary to protect the State against loss because of outstanding
liens or claims of former lien holders.

                                                        31
(g) If, after termination, it is determined that the Contractor was not in default, or that the default was
excusable, the rights and obligations of the parties shall, if the contract contains a clause providing for
termination for convenience of the State, be the same as if the termination had been issued for the
convenience of the State. If, in the foregoing circumstances, this contract does not contain a clause
providing for termination for convenience of the State, the contract shall be adjusted to compensate for
such termination and the contract modified accordingly subject to the contractor's rights under the Disputes
clause.

(h) The rights and remedies of the State in this clause are in addition to any other rights and remedies
provided by law or under this contract.
[07-7B075-1]

ILLEGAL IMMIGRATION (NOV. 2008)

(An overview is available at www.procurement.sc.gov) By signing your offer, you certify that you will
comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and
agree to provide to the State upon request any documentation required to establish either: (a) that Title 8,
Chapter 14 is inapplicable to you and your subcontractors or sub-subcontractors; or (b) that you and your
subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-
60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or
report pursuant to this chapter is guilty of a felony and, upon conviction, must be fined within the discretion
of the court or imprisoned for not more than five years, or both." You agree to include in any contracts
with your subcontractors language requiring your subcontractors to (a) comply with the applicable
requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language
requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14. [07-
7B097-1]

INDEMNIFICATION -- THIRD PARTY CLAIMS (JAN 2006)

Notwithstanding any limitation in this agreement, Contractor shall defend and indemnify the State of South
Carolina, its instrumentalities, agencies, departments, boards, political subdivisions and all their respective
officers, agents and employees against all suits or claims of any nature (and all damages, settlement
payments, attorneys' fees, costs, expenses, losses or liabilities attributable thereto) by any third party which
arise out of, or result in any way from, any defect in the goods or services acquired hereunder or from any
act or omission of Contractor, its subcontractors, their employees, workmen, servants or agents. Contractor
shall be given written notice of any suit or claim. State shall allow Contractor to defend such claim so long
as such defense is diligently and capably prosecuted through legal counsel. State shall allow Contractor to
settle such suit or claim so long as (i) all settlement payments are made by (and any deferred settlement
payments are the sole liability of) Contractor, and (ii) the settlement imposes no non-monetary obligation
upon State. State shall not admit liability or agree to a settlement or other disposition of the suit or claim,
in whole or in part, without the prior written consent of Contractor. State shall reasonably cooperate with
Contractor's defense of such suit or claim. The obligations of this paragraph shall survive termination of
the parties' agreement. [07-7B100-1]

LICENSES AND PERMITS (JAN 2006)

During the term of the contract, the Contractor shall be responsible for obtaining, and maintaining in good
standing, all licenses (including professional licenses, if any), permits, inspections and related fees for each
or any such licenses, permits and /or inspections required by the State, county, city or other government
entity or unit to accomplish the work specified in this solicitation and the contract. [07-7B115-1]

PRICE ADJUSTMENTS (JAN 2006)

(1) Method of Adjustment. Any adjustment in the contract price made pursuant to a clause in this contract
shall be consistent with this Contract and shall be arrived at through whichever one of the following ways
is the most valid approximation of the actual cost to the Contractor (including profit, if otherwise allowed):
(a) By agreement on a fixed price adjustment before commencement of the pertinent performance or as
soon thereafter as practicable;

                                                       32
(b) By unit prices specified in the Contract or subsequently agreed upon;
(c) by the costs attributable to the event or situation covered by the relevant clause, including profit if
otherwise allowed, all as specified in the Contract; or subsequently agreed upon;
(d) In such other manner as the parties may mutually agree; or,
(e) in the absence of agreement by the parties, through a unilateral initial written determination by the
Procurement Officer of the costs attributable to the event or situation covered by the clause, including profit
if otherwise allowed, all as computed by the Procurement Officer in accordance with generally accepted
accounting principles, subject to the provisions of Title 11, Chapter 35, Article 17 of the S.C. Code of
Laws.
(2) Submission of Price or Cost Data. Upon request of the Procurement Officer, the contractor shall
provide reasonably available factual information to substantiate that the price or cost offered, for any price
adjustments is reasonable, consistent with the provisions of Section 11-35-1830.
[07-7B160-1]

PRICE ADJUSTMENT - LIMITED -- AFTER INITIAL TERM ONLY (JAN 2006)

Upon approval of the Procurement Officer, prices may be adjusted for any renewal term. Prices shall not
be increased during the initial term. Any request for a price increase must be received by the Procurement
Officer at least ninety (90) days prior to the expiration of the applicable term and must be accompanied by
sufficient documentation to justify the increase. If approved, a price increase becomes effective starting
with the term beginning after approval. A price increase must be executed as a change order. Contractor
may terminate this contract at the end of the then current term if a price increase request is denied. Notice
of termination pursuant to this paragraph must be received by the Procurement Officer no later than fifteen
(15) days after the Procurement Officer sends contractor notice rejecting the requested price increase. [07-
7B165-1]

PRICE ADJUSTMENTS -- LIMITED BY CPI "OTHER GOODS and SERVICES" (JAN 2006)

Upon request and adequate justification, the Procurement Officer may grant a price increase up to, but not
to exceed, the unadjusted percent change for the most recent 12 months for which data is available, that is
not subject to revision, in the Consumer Price Index (CPI) for all urban consumers (CPI-U), "Other Goods
& Services" for services, as determined by the Procurement Officer. The Bureau of Labor and Statistics
publishes this information on the web at www.bls.gov [07-7B175-1]

PRICING DATA -- AUDIT -- INSPECTION (JAN 2006)

[Clause Included Pursuant to Section 11-35-1830, - 2210, & -2220] (a) Cost or Pricing Data. Upon
Procurement Officer's request, you shall submit cost or pricing data, as defined by 48 C.F.R. Section 2.101
(2004), prior to either (1) any award to contractor pursuant to 11-35-1530 or 11-35-1560, if the total
contract price exceeds $500,000, or (2) execution of a change order or contract modification with
contractor which exceeds $100,000. Your price, including profit or fee, shall be adjusted to exclude any
significant sums by which the state finds that such price was increased because you furnished cost or
pricing data that was inaccurate, incomplete, or not current as of the date agreed upon between parties. (b)
Records Retention. You shall maintain your records for three years from the date of final payment, or
longer if requested by the chief Procurement Officer. The state may audit your records at reasonable times
and places. As used in this subparagraph (b), the term "records" means any books or records that relate to
cost or pricing data submitted pursuant to this clause. In addition to the obligation stated in this
subparagraph (b), you shall retain all records and allow any audits provided for by 11-35-2220(2). (c)
Inspection. At reasonable times, the state may inspect any part of your place of business which is related to
performance of the work. (d) Instructions Certification. When you submit data pursuant to subparagraph
(a), you shall (1) do so in accordance with the instructions appearing in Table 15-2 of 48 C.F.R. Section
15.408 (2004) (adapted as necessary for the state context), and (2) submit a Certificate of Current Cost or
Pricing Data, as prescribed by 48 CFR Section 15.406-2(a) (adapted as necessary for the state context). (e)
Subcontracts. You shall include the above text of this clause in all of your subcontracts. (f) Nothing in this
clause limits any other rights of the state.
[07-7B185-1]




                                                      33
RELATIONSHIP OF THE PARTIES (JAN 2006)

Neither party is an employee, agent, partner, or joint venture of the other. Neither party has the right or
ability to bind the other to any agreement with a third party or to incur any obligation or liability on behalf
of the other party. [07-7B205-1]

SUBCONTRACTOR SUBSTITUTION PROHIBITED - RESIDENT SUBCONTRACTOR
PREFERENCE (SEP 2009)

If you receive an award as a result of the subcontractor preference, you may not substitute any business for
the subcontractor upon which you relied to qualify for the preference, unless first approved in writing by
the procurement officer. If you violate this provision, the State may terminate your contract for cause and
you may be debarred. In addition, the procurement officer may require you to pay the State an amount
equal to twice the difference between the price paid by the State and the price offered by the next lowest
bidder, unless the substituted subcontractor qualifies for the preference. [11-35-1524(D) (5) (c)] [07-
7B237-1]

TERM OF CONTRACT -- EFFECTIVE DATE / INITIAL CONTRACT PERIOD (JAN 2006)

The effective date of this contract is the first day of the Maximum Contract Period as specified on the final
statement of award. The initial term of this agreement is 1year, 0months, 0days from the effective date.
 Regardless, this contract expires no later than the last date stated on the final statement of award. [07-
7B240-1]

TERM OF CONTRACT -- OPTION TO RENEW (JAN 2006)

At the end of the initial term, and at the end of each renewal term which is (4) years, this contract shall
automatically renew for a period of 1 year(s), 0 month(s), and 0 day(s), unless contractor receives notice
that the state elects not to renew the contract at least thirty (30) days prior to the date of renewal.
 Regardless, this contract expires no later than the last date stated on the final statement of award. [07-
7B245-1]

TERMINATION FOR CONVENIENCE (JAN 2006)

(1) Termination. The Procurement Officer may terminate this contract in whole or in part, for the
convenience of the State. The Procurement Officer shall give written notice of the termination to the
contractor specifying the part of the contract terminated and when termination becomes effective.
(2) Contractor's Obligations. The contractor shall incur no further obligations in connection with the
terminated work and on the date set in the notice of termination the contractor will stop work to the extent
specified. The contractor shall also terminate outstanding orders and subcontracts as they relate to the
terminated work. The contractor shall settle the liabilities and claims arising out of the termination of
subcontracts and orders connected with the terminated work. The Procurement Officer may direct the
contractor to assign the contractor's right, title, and interest under terminated orders or subcontracts to the
State. The contractor must still complete the work not terminated by the notice of termination and may
incur obligations as are necessary to do so.
(3) Right to Supplies. The Procurement Officer may require the contractor to transfer title and deliver to
the State in the manner and to the extent directed by the Procurement Officer: (a) any completed supplies;
and (b) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings,
information, and contract rights (hereinafter called "manufacturing material") as the contractor has
specifically produced or specially acquired for the performance of the terminated part of this contract. The
contractor shall, upon direction of the Procurement Officer, protect and preserve property in the possession
of the contractor in which the State has an interest. If the Procurement Officer does not exercise this right,
the contractor shall use best efforts to sell such supplies and manufacturing materials in accordance with
the standards of Uniform Commercial Code Section 2-706. Utilization of this Section in no way implies
that the State has breached the contract by exercise of the Termination for Convenience Clause.
(4) Compensation. (a) The contractor shall submit a termination claim specifying the amounts due because
of the termination for convenience together with cost or pricing data required by Section 11-35-1830
bearing on such claim. If the contractor fails to file a termination claim within one year from the effective

                                                       34
date of termination, the Procurement Officer may pay the contractor, if at all, an amount set in accordance
with Subparagraph (c) of this Paragraph.
(b) The Procurement Officer and the contractor may agree to a settlement and that the settlement does not
exceed the total contract price plus settlement costs reduced by payments previously made by the State, the
proceeds of any sales of supplies and manufacturing materials under Paragraph (3) of this clause, and the
contract price of the work not terminated;
(c) Absent complete agreement under Subparagraph (b) of this Paragraph, the Procurement Officer shall
pay the contractor the following amounts, provided payments agreed to under Subparagraph (b) shall not
duplicate payments under this Subparagraph:
(I) contract prices for supplies or services accepted under the contract;
(ii) Costs reasonably incurred in performing the terminated portion of the work less amounts paid or to be
paid for accepted supplies or services;
(iii) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders
pursuant to Paragraph (2) of this clause. These costs must not include costs paid in accordance with
Subparagraph (c) (ii) of this paragraph;
(iv) Any other reasonable costs that have resulted from the termination. The total sum to be paid the
contractor under this Subparagraph shall not exceed the total contract price plus the reasonable settlement
costs of the contractor reduced by the amount of payments otherwise made, the proceeds of any sales of
supplies and manufacturing materials under Subparagraph (b) of this Paragraph, and the contract price of
work not terminated.
(d) Contractor must demonstrate any costs claimed, agreed to, or established under Subparagraphs (b) and
(c) of this Paragraph using its standard record keeping system, provided such system is consistent with any
applicable Generally Accepted Accounting Principles.
(5) Contractor's failure to include an appropriate termination for convenience clause in any subcontract
shall not (i) affect the state's right to require the termination of a subcontract, or (ii) increase the obligation
of the state beyond what it would have been if the subcontract had contained an appropriate clause.
[07-7B265-1]




                                                        35
SAP




VIII. BIDDING SCHEDULE / PRICE-BUSINESS PROPOSAL

BIDDING SCHEDULE (NOV 2007)



LOT 1


           Item             Quantity        Unit of Measure            Unit Price                Extended Price
             1               12.000              Months



      Product Catalog.: 91039 - Janitorial/Custodial Services
      Item Description: Cosmetology Site
      Tendering Text: 122 Palmetto, Darlington, S.C. Square Footage is 12,000
                     Question                   Mandatory /        Multiple                     Response
                                                 Optional         Responses
                                                                  Accepted?
      ARE YOU REQUESTING THE SC                  Mandatory            No
      RESIDENT CONTRACTOR                                                           ______Yes
      PREFERENCE? SEE THE SC
      PROCUREMENT CODE, SECTION 11-                                                 ______No
      35-1524(C) (1) (III) AND SECTION IIB
      OF THIS SOLICITATION FOR MORE
      INFORMATION. FOR A FAQ ON
      THESE PREFERENCES, PLEASE SEE
      WWW.PROCUREMENT.SC.GOV/PRE
      FERENCES
      ARE YOU REQUESTING THE SC                  Mandatory            No
      RESIDENT SUBCONTRACTOR                                                        ______Yes
      PREFERENCE-2%? SEE THE SC
      PROCUREMENT CODE, SECTION 11-                                                 ______No
      35-1524(D) AND IIB & VIIB OF THIS
      SOLICITATION FOR MORE
      INFORMATION. FOR A FAQ ON
      THESE PREFERENCES, PLEASE SEE
      WWW.PROCUREMENT.SC.GOV/PRE
      FERENCES
      ARE YOU REQUESTING THE SC                  Mandatory            No
      RESIDENT SUBCONTRACTOR                                                        ______Yes
      PREFERENCE-4%? SEE THE SC
      PROCUREMENT CODE, SECTION 11-                                                 ______No
      35-1524(D) AND IIB & VIIB OF THIS
      SOLICITATION FOR MORE
      INFORMATION. FOR A FAQ ON
      THESE PREFERENCES, PLEASE SEE
      WWW.PROCUREMENT.SC.GOV/PRE
      FERENCES




                                                       36
LOT 2

     Item             Quantity        Unit of Measure            Unit Price                Extended Price
        1              12.000              Months



Product Catalog.: 91039 - Janitorial/Custodial Services
Item Description: Hartsville Site
Tendering Text: 225 Swiftcreek Rd., Florence, S.C. Square Footage is 10,000
               Question                   Mandatory /        Multiple                     Response
                                           Optional         Responses
                                                            Accepted?
ARE YOU REQUESTING THE SC                  Mandatory            No
RESIDENT CONTRACTOR                                                           ______Yes
PREFERENCE? SEE THE SC
PROCUREMENT CODE, SECTION 11-                                                 ______No
35-1524(C) (1) (III) AND SECTION IIB
OF THIS SOLICITATION FOR MORE
INFORMATION. FOR A FAQ ON
THESE PREFERENCES, PLEASE SEE
WWW.PROCUREMENT.SC.GOV/PRE
FERENCES
ARE YOU REQUESTING THE SC                  Mandatory            No
RESIDENT SUBCONTRACTOR                                                        ______Yes
PREFERENCE-2%? SEE THE SC
PROCUREMENT CODE, SECTION 11-                                                 ______No
35-1524(D) AND IIB & VIIB OF THIS
SOLICITATION FOR MORE
INFORMATION. FOR A FAQ ON
THESE PREFERENCES, PLEASE SEE
WWW.PROCUREMENT.SC.GOV/PRE
FERENCES
ARE YOU REQUESTING THE SC                  Mandatory            No
RESIDENT SUBCONTRACTOR                                                        ______Yes
PREFERENCE-4%? SEE THE SC
PROCUREMENT CODE, SECTION 11-                                                 ______No
35-1524(D) AND IIB & VIIB OF THIS
SOLICITATION FOR MORE
INFORMATION. FOR A FAQ ON
THESE PREFERENCES, PLEASE SEE
WWW.PROCUREMENT.SC.GOV/PRE
FERENCES




                                                 37
LOT 3

     Item             Quantity        Unit of Measure            Unit Price                Extended Price
        1              12.000              Months



Product Catalog.: 91039 - Janitorial/Custodial Services
Item Description: Lake City Site
Tendering Text: 278 West Cole Rd., Florence, S.C. Square Footage is 10,000
               Question                   Mandatory /        Multiple                     Response
                                           Optional         Responses
                                                            Accepted?
ARE YOU REQUESTING THE SC                  Mandatory            No
RESIDENT CONTRACTOR                                                           ______Yes
PREFERENCE? SEE THE SC
PROCUREMENT CODE, SECTION 11-                                                 ______No
35-1524(C) (1) (III) AND SECTION IIB
OF THIS SOLICITATION FOR MORE
INFORMATION. FOR A FAQ ON
THESE PREFERENCES, PLEASE SEE
WWW.PROCUREMENT.SC.GOV/PRE
FERENCES
ARE YOU REQUESTING THE SC                  Mandatory            No
RESIDENT SUBCONTRACTOR                                                        ______Yes
PREFERENCE-2%? SEE THE SC
PROCUREMENT CODE, SECTION 11-                                                 ______No
35-1524(D) AND IIB & VIIB OF THIS
SOLICITATION FOR MORE
INFORMATION. FOR A FAQ ON
THESE PREFERENCES, PLEASE SEE
WWW.PROCUREMENT.SC.GOV/PRE
FERENCES
ARE YOU REQUESTING THE SC                  Mandatory            No
RESIDENT SUBCONTRACTOR                                                        ______Yes
PREFERENCE-4%? SEE THE SC
PROCUREMENT CODE, SECTION 11-                                                 ______No
35-1524(D) AND IIB & VIIB OF THIS
SOLICITATION FOR MORE
INFORMATION. FOR A FAQ ON
THESE PREFERENCES, PLEASE SEE
WWW.PROCUREMENT.SC.GOV/PRE
FERENCES




                                                 38
Resident Subcontractor               Schedule
Preference – 2% (See Section
VIII for details)
                                                                           Factual Basis for the
                                                                           Determination that
                                                                           Subcontractors Work
                                                                           Constitutes the Required
Line                                                                       Percentage of Work to be
Item      Subcontractor That is to         Work That Subcontractor is to   Performed
Number   Perform Work                Perform




                                                39
Resident Subcontractor               Schedule
Preference – 4% (See Section
VIII for details)
                                                                      Factual Basis for the
                                                                      Determination that
                                                                      Subcontractors Work
Line                                                                  Constitutes the Required
Item      Subcontractor That is to    Work That Subcontractor is to   Percentage of Work to be
Number   Perform Work                Perform                          Performed




                                                40
Attachment A: Service Locations
It shall be the contractor‟s responsibility to verify all cleanable square footage per facility. Days and hours
for cleaning of each building may be modified at the FDTC discretion throughout the life of this contract.
In case of discrepancies in frequency of services to be performed between those indicated under „Task
Performance Standards‟, the timeframes shown in this Attachment A take precedence.


POINT OF CONTACT

Contractor will be notified of the person who will serve as a point of contact for the winning contractor(s)
in reference to the Scope of Work and/or all future work activities and concerns in relation to this proposed
contract upon award.


A. Cleaning Service Days: 3 days – Monday through Friday; between the hours of 5:30 PM and 10 PM



Delivery of Services
Unless otherwise specified, all services shall be made to the following addresses:

FDTC Cosmetology Site
122 Palmetto Road
Darlington, SC 29532

Contact: Barbara McKnight 843-676-8534

FDTC Hartsville Site
225 Swiftcreek Road
Hartsville, SC 29550

Contact: Jim Spencer 843-383-4500

FDTC Lake City Site
278 West Cole Road
Lake City, SC 29560

Contact: Paula McLaughlin 843-394-7885


Current Pricing
Cosmetology $700 per mo
Hartsville     $550 per mo
Lake City      $805 per mo




                                                       41
IX. ATTACHMENTS TO SOLICITATION

NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX WITHHOLDING

                         IMPORTANT TAX NOTICE - NONRESIDENTS ONLY
Withholding Requirements for Payments to Nonresidents: Section 12-8-550 of the South Carolina Code of
Laws requires persons hiring or contracting with a nonresident conducting a business or performing
personal services of a temporary nature within South Carolina to withhold 2% of each payment made to the
nonresident. The withholding requirement does not apply to (1) payments on purchase orders for tangible
personal property when the payments are not accompanied by services to be performed in South Carolina,
(2) nonresidents who are not conducting business in South Carolina, (3) nonresidents for contracts that do
not exceed $10,000 in a calendar year, or (4) payments to a nonresident who (a) registers with either the
S.C. Department of Revenue or the S.C. Secretary of State and (b) submits a Nonresident Taxpayer
Registration Affidavit - Income Tax Withholding, Form I-312 to the person letting the contract.

The withholding requirement applies to every governmental entity that uses a contract ("Using Entity").
Nonresidents should submit a separate copy of the Nonresident Taxpayer Registration Affidavit - Income
Tax Withholding, Form I-312 to every Using Entity that makes payment to the nonresident pursuant to this
solicitation. Once submitted, an affidavit is valid for all contracts between the nonresident and the Using
Entity, unless the Using Entity receives notice from the Department of Revenue that the exemption from
withholding has been revoked.
                                        _______________________

Section 12-8-540 requires persons making payment to a nonresident taxpayer of rentals or royalties at a rate
of $1,200.00 or more a year for the use of or for the privilege of using property in South Carolina to
withhold 7% of the total of each payment made to a nonresident taxpayer who is not a corporation and 5%
if the payment is made to a corporation. Contact the Department of Revenue for any applicable exceptions.
                                        _______________________

For information about other withholding requirements (e.g., employee withholding), contact the
Withholding Section at the South Carolina Department of Revenue at 803-898-5383 or visit the
Department's website at:     www.sctax.org
                                      _______________________

This notice is for informational purposes only. This agency does not administer and has no authority over
tax issues. All registration questions should be directed to the License and Registration Section at 803-898-
5872 or to the South Carolina Department of Revenue, Registration Unit, Columbia, S.C. 29214-0140. All
withholding questions should be directed to the Withholding Section at 803-896-1420.



PLEASE SEE THE "NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT INCOME TAX
WITHHOLDING" FORM (FORM NUMBER I-312) LOCATED AT:
http://www.sctax.org/Forms+and+Instructions/withholding/default.htm

[09-9005-1]




                                                     42
OFFEROR'S CHECKLIST (JUN 2007)

OFFEROR'S CHECKLIST -- AVOID COMMON BID/PROPOSAL MISTAKES

Review this checklist prior to submitting your bid/proposal.
If you fail to follow this checklist, you risk having your bid/proposal rejected.

- Do not include any of your standard contract forms!

- Unless expressly required, do not include any additional boilerplate contract clauses.

- Reread your entire bid/proposal to make sure your bid/proposal does not take exception
to any of the state's mandatory requirements.

- Make sure you have properly marked all protected, confidential, or trade secret
information in accordance with the instructions entitled: SUBMITTING
CONFIDENTIAL INFORMATION. DO NOT mark your entire bid/proposal as
confidential, trade secret, or protected! Do not include a legend on the cover stating
that your entire response is not to be released!

- Have you properly acknowledged all amendments? Instructions regarding how to
acknowledge an amendment should appear in all amendments issued.

- Make sure your bid/proposal includes a copy of the solicitation cover page. Make sure
the cover page is signed by a person that is authorized to contractually bind your
business.

- Make sure your Bid/proposal includes the number of copies requested.

- Check to ensure your Bid/proposal includes everything requested!

- If you have concerns about the solicitation, do not raise those concerns in your
response! After opening, it is too late! If this solicitation includes a pre-bid/proposal
conference or a question & answer period, raise your questions as a part of that
process! Please see instructions under the heading "submission of questions" and any
provisions regarding pre-bid/proposal conferences.

[09-9010-1]




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